Whether James Sperber’s (“Mr. Sperber”) first-degree burglary (“armed burglary”) charge may be reduced to second-degree burglary (“simple burglary”) when he stole a stone axe, kept it in his backpack for the entirety of the burglary, and immediately fled the scene.
BRIEF ANSWER:
Probably yes. Simple burglary can be enhanced to armed burglary when the offender becomes armed with a dangerous weapon. A non-firearm weapon is considered dangerous if, but only if, the weapon was used or threatened to be used in a manner likely to produce death or great bodily harm. Because Mr. Sperber did not remove the axe from his backpack during the burglary, he probably did not use or threaten to use the axe in a manner likely to produce …show more content…
State, the Florida Supreme Court addressed what it means to arm oneself with a dangerous weapon, applying a strict standard when the weapon used was a firearm. 534 So. 2d 706, 708 (Fla. 1988). In Hardee, the defendant had been convicted of armed burglary because his accomplice stole a handgun. Id. at 707. The defendant argued that because the state never proved the gun was loaded, the state did not demonstrate that the defendant was armed with a dangerous weapon. Id. at 708. However, the court held that stealing an unloaded firearm could constitute arming oneself with a dangerous weapon. Id. Thus, the court concluded that firearms generally constitute dangerous weapons, even when they cannot be immediately discharged. …show more content…
State, concluding that an everyday object can be a dangerous weapon if used to threaten another person. 222 So. 3d at 627. (F) In Saint-Fort, the defendant threatened to hit a security guard on the head with a brick. Id. at 625. The defendant then picked up a rock, ran to the guard, and drew his arm back as if to begin a throwing motion. Id. However, after the guard unholstered his gun, the defendant fled without throwing the rock. Id. After being convicted of trespass while armed with a dangerous weapon, the defendant appealed.