What is the amount of jail time that my brother can face with his charges? He is 19, still in High School (supposed to graduate next month) and does not have a criminal record. He was charged the same charges as his friends who actually committed the burglary. My brothers claims he was sitting in the vehicle. I know in the state of Florida accomplices get charged the same as the offenders.
•BURGLARY UNOCCUPIED DWELLING UNARMED
•GRAND THEFT>$300<$5000 •LARC - GRAND THEFT 300 LESS THAN 5K DOLS
•DAMAGE PROP-CRIM MISCH - 1000 DOLS OR MORE
•FLEE/ELUDE POLICE - FAIL TO OBEY LEO ORDER TO STOP
Burglary- max= 15 years prison
Grand Theft- max= 5 years
Crim. Misch.- max= 5 years
Flee/Elude-max = 5-15 years (depends on facts0
If this is your brother's first charge, and he is only 19, and he was the driver, he has several options that may help him to avoid jail or prison. The facts of the case and the amount of damage done will affect any plea agreement. My advice is that he seeks the representation of very competent counsel ASAP. It is important to get into such cases early. Good luck.
He may have the defense of mere presence, but that is a guess without seeing discovery. He would be eligible for a youthful offender sentence if he plead or was found guilty.
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Burglary of a Dwelling is a second degree felony that actually scores someone out to prison time under the guidelines even with no record. However, his level of involvement plus his potential to testify against the others may enable him to receive a plea offer that involves no time and only probation.
Without reviewing all the facts and evidence, it is not possible to give a proper opinion regarding the liklihood of sucess of your case.
Your brother needs to hire an attorney to aggressively attack the case. Depending on the facts and circumstances of your brother's case, it is possible to get a reduction in the charges or beat them outright. More specifically, the State has to prove that your brother had more than "mere knowledge" and was "merely present" when the other boys committed the crime. The State has to prove that your brother specifically intended to assist, incite or encourage the others to commit the crime to find him guilty as a principal/accomplice.
When looking to the charges at hand, burglary of a dwelling is a second degree felony punishable by up to 15 years in prison.
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