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Fort Myers Criminal Attorney / Blog / Burglary / Man Faces Burglary, Other Charges After Threatening Family With Machete

Man Faces Burglary, Other Charges After Threatening Family With Machete

Machete

Entering a person’s property without permission is not only immoral but also illegal. Such an act can lead to serious criminal charges, prison time, and more.

This recently happened in Florida. Deputies responded to a terrifying burglary call late on the evening of August 31 after a homeowner reported an armed intruder on their property, located in the area of East Yellow Poplar Avenue.

According to the sheriff’s office, the incident began when the suspect, a 29-year-old man from DeFuniak Springs, entered a detached outbuilding on a residential property. The man reportedly forced his way inside to charge electronic devices without the owner’s permission. When confronted by the homeowner, the suspect became violent, throwing a wooden object that struck the property owner.

The situation quickly escalated when the suspect brandished a machete. Deputies say the intruder swung the weapon and shouted racial slurs. He also threatened to harm the homeowner and their family. Fearing for their lives, the family rushed into their vehicle, locked the doors, and called for help. The suspect allegedly struck the car multiple times with the machete while continuing to shout threats.

When deputies arrived on scene, the man was seen holding a machete. Deputies were able to disarm the suspect and take him into custody without physical injury to the victims. However, officials said the suspect remained combative, yelling at law enforcement officers and resisting as they were escorted to a patrol vehicle.

The man was booked into the Walton County Jail, where he faces numerous felony charges,

Including aggravated assault with a deadly weapon, false imprisonment, battery, burglary of an occupied structure, obstructing an officer, and theft of utilities.

Bail for the man was set at $21,000. Deputies noted that the case remains under investigation.

Common Defense Strategies for Burglary with a Weapon in Florida

To defend yourself from burglary, consider the following defenses:

  • Lack of intent to commit a crime inside. Burglary requires proof that the accused intended to commit a crime once inside. If the prosecution cannot show this intent beyond a reasonable doubt, the charge may be reduced or dismissed.
  • Consent to enter. If the property owner gave permission for the accused to enter, the entry may not be considered unlawful. Proving consent can significantly weaken the prosecution’s case.
    No actual possession of a weapon. The law requires proof that the accused either carried or acquired a weapon during the burglary. If the item in question was not actually in the person’s possession, or if it was not legally a weapon under Florida law, the charge can be challenged.
  • Mistaken identity or false accusation. Eyewitness testimony and surveillance footage can be unreliable. If the accused was misidentified, or if someone falsely accused them, this can serve as a powerful defense.
  • Constructive possession issues. Sometimes, a weapon is found at the scene but not directly on the accused. Prosecutors must prove that the defendant knew about the weapon and had the ability to control it.

Contact Us Today

Burglary can lead to felony charges, which can change your life forever. But you can protect yourself with the right legal help.

A Fort Myers burglary attorney from Hollander & Hanuka can help you understand your legal rights as well as the possible challenges you could face. Schedule a consultation today by filling out the online form or calling (239) 332-3300.

Source:

fox35orlando.com/news/florida-man-threatens-family-machete-during-burglary-arrested-aggravated-assault-deputies

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