Is it possible to avoid prison for burglary with a firearm? First offense. Florida.

Asked about 1 year ago - West Palm Beach, FL

My younger brother was charged with burglary of an unoccupied dwelling, grand theft, criminal mischief and burglary with a firearm and I am wondering if there any chance at all he could avoid prison for this?

Attorney answers (7)

  1. Justin Gary Hausler

    Contributor Level 16

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    Answered . You want to avoid stating facts about the case on this forum. The prosecutor could technically use the information that you've provided. Burg with a firearm is a 10/20/life offense whereby he would be looking at a minimum ten year prison sentence if found guilty. Since he allegedly became armed while in the commission, there are mitigating arguments that can be made. He absolutely needs to talk to a defense lawyer. Does he have a bond? Which jail is detaining him? I handle these matters and offer a free consultation.

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be... more
  2. Andrew Michael Bonderud

    Contributor Level 14

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    Answered . Your brother is facing some serious charges. The sooner he hires an attorney, the better.

    I also agree with Mr. Hausler that this forum is not the place to elaborate on the facts of the case. I provide free consultations 24/7 and would be happy to speak with you at your convenience.

    Sincerely,
    Andrew M. Bonderud, Esq.
    The Bonderud Law Firm, P.A.
    904-438-8082 (Office)

    Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's... more
  3. Robert David Malove

    Pro

    Contributor Level 11

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    Answered . There is no mandatory minimum prison sentence required by statute for this offense. Nevertheless, as you already know, your brother has a lot of exposure. A lot of factors need to be take addressed to resolve this case in order to avoid prison and a conviction. It will take a lot of finesse, but it can be done. I have handled cases similar to this and have been successful, but each case rises and falls on its own unique set of facts and circumstances.

  4. Colleen M. Glenn

    Pro

    Contributor Level 17

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    Answered . Yes there is. As long as he resolves the case before he turns 21 he may be considered a youthful offender. It is up to the judge's discretion however he could avoid prison by swing sentenced as a Y.O.
    www.colleenglenn.com

  5. Anthony Michael Solis

    Pro

    Contributor Level 20

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    Answered . I would contact Mr. Hausler if I were you, or contact another good attorney in your area. This sounds like a prison case and those charges, coupled with the firearm, are among the more serious crimes. It sounds like an attorney might be able to recharacterize this case as theft OF a firearm rather than theft with a firearm. But even at 20, even a first offender, will have a tough time with these charges. Best best is to get an attorney to defend these can.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  6. Joshua Scott LeRoy

    Pro

    Contributor Level 7

    Answered . Your brother is eligible for a number of sentencing mitigators due to his age and lack of prior record. I handle these types of cases routinely in PBC.

    There are complete defenses to charges like that though. You and your brother need to have his case analyzed before jumpibg to resolve the case.

  7. Dean George Tsourakis

    Pro

    Contributor Level 20

    Answered . It is very possible. Armed burglary is a first degree felony punishable by life. It is also a 3 yr. minimum mandatory if they can prove he had the gun. It will guideline to prison but there are many reasons for which a judge can depart downward.

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