Two Men Charged in Felony Burglary
Culpeper police have charged two Florida men with multiple felonies after a commercial burglary on March 24, according to a department press release. A 57-year-old man and a 31-year-old man, both from Florida, have been charged with felony burglary, felony conspiracy to commit burglary, and two counts of felony grand larceny.
According to police, on March 24 at approximately 12:04 p.m., Culpeper police received a report of a commercial burglary at Merchants Grocery Company. The caller was identified as an employee of the burglarized business. Culpeper Police Department officers responded to the scene and stated that the suspects had already fled the area. Detectives responded to the scene to conduct an investigation. They discovered that 5 suspects forced their way into the business at around 9 p.m. on March 23.
Once the 5 men had access to the building, they stole an unknown number of cigarette cartons. The group fled the area using a box truck that they stole from Merchants.
Burglary in the State of Florida
Florida Statute § 810.02(1)(b) defines burglary as the offense of illegally entering a dwelling, structure, or conveyance with the intent to commit some crime. Those who legally enter property and remain there after a store has closed are also guilty of burglary. The charges for burglary can range from a third-degree felony to a first-degree felony depending on how the crime was committed, what tools were used, and other factors. The crime can also be charged alongside other crimes such as theft or larceny.
In Florida, the elements of burglary include:
- Entering a property
- With the intention of committing a crime
In other words, the offense of burglary occurs as soon as the offender enters a home, business, or conveyance (vehicle) without the permission of the owner. The crime of burglary can be charged even when the offender does not commit a crime. Prosecutors need only establish that they were there with the intent to commit a crime. They do not need to prove that the subsequent crime was actually committed.
In the case mentioned above, the offenders were charged with entering a business for the purpose of stealing cigarettes. They have been charged with burglary, conspiracy to commit burglary, and grand theft.
In Florida, all burglaries are considered felonies with third-degree felonies on the low end and first-degree felonies on the high end. A third-degree felony is punishable by a maximum of 5 years in state prison, while a first-degree felony carries a maximum penalty of 30 years in state prison.
A third-degree felony is charged when the offender did not assault or batter anyone and did not carry any weapons on them at the time of the burglary. This sentencing can also be applied when the property is unoccupied at the time of the offense.
The suspects above will likely be charged with a second-degree felony. Those who burglarize a structure or conveyance with the intent to commit theft are guilty of second-degree burglary. A second-degree felony has a maximum sentence of 15 years behind bars.
Talk to a Tallahassee Criminal Defense Lawyer Today
The Tallahassee criminal defense lawyers at Luke Newman, P.A. represent the interests of those charged with serious crimes and felonies in the state of Florida. Call our office today to schedule an appointment, and we can begin defending you from the charges right away.
Source:
insidenova.com/culpeper/culpeper-police-charge-florida-men-for-commercial-burglary/article_a6432abe-0be0-11ef-9814-03c7cc36dae3.html
