Time for speculation.
On 12/10/18 at approximately 6:57 p.m., Patrick O’Brien entered 4732 Windflower Cr, to which he did not have permission from the owner/victim, nor did he know any residents at the above listed address. The residents ordered the defendant to exit the home immediately, at which point Patrick O’Brien pushed one of the residents to the ground against her will and fled into the backyard. When a deputy arrived, Patrick O’Brien would not obey his lawful commands and ran towards the deputy with a knife in his right hand. O’Brien was contained using a taser and was taken into custody. He is charged with Aggravated Assault on a Law Enforcement Officer with Deadly Weapon and Burglary Occupied Dwelling with Assault or Battery. The investigation is ongoing.
DEFINITION OF AGGRAVATED ASSAULT
As defined under Section 784.021, Florida Statutes, Aggravated Assault consists of four factual elements:
The accused intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim,
At the time the threat was made, the accused appeared to have the ability to carry out the threat,
The accused’s threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place, and
The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.
Essentially, Aggravated Assault is an assault with an additional act consisting of the use of a deadly weapon or the intent to commit a felony. Larkins v. State, 476 So. 2d 1383 (Fla. 1st DCA 1985).
PENALTIES FOR AGGRAVATED ASSAULT
In Florida, Aggravated Assault is a third degree felony, with penalties of up to 5 years in prison or 5 years probation, and a $5,000.00 fine. The offense is harshly prosecuted throughout the State, and even first-time offenders will face a realistic possibility of prison.
The range of punishments can increase substantially, to include mandatory prison of up to 20 years, where a firearm is discharged during the course of an incident.
There is nothing that mentions if an officer is involved but I would imagine that makes things worse.
DEFINITION OF BURGLARY- FLORIDA
The definition of burglary of a dwelling. structure, or conveyance is contained in Section 810.02, Florida Statutes. Under the law, a burglary can occur where:
The defendant enters a dwelling, structure, or conveyance owned by or in possession of another person and, at the time of entering, the defendant had the intent to commit an offense in the dwelling, structure, or conveyance; or
The defendant lawfully enters a dwelling, structure, or conveyance (with permission or consent) and remains inside (a) surreptitiously and with the intent to commit an offense therein; or (b) after permission to remain inside had been withdrawn and with the intent to commit an offense therein; or (c) With the intent to commit or attempt to commit a forcible felony inside.
PENALTIES FOR BURGLARY
The penalties available for burglary in Florida depend on the facts and circumstances of the offense. The type of building or structure, the manner in which the offense is committed, and the use of a weapon are some of the most important factors in determining the available sentence
IMO The best case scenario is as follows. IF he was on drugs maybe this defense is possible to use in both charges? The key word here is intent. Did Pat intend any of this? Or can it be argued he was not in the right state of mind therefore intent not being possible?
Innocent / Non-Criminal Intent- where a defendant enters a building or dwelling with intentions that do not involve the commission of a crime, then no burglary occurs (although the defendant’s actions may, under some circumstances, constitute a trespass);
I highly doubt he will get off scott free but hopefully he does. I would expect him to be sentenced to 3 years and maybe early release. Interesting case.