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State of Emergency Crimes

In the chaos of a state of emergency, situations can easily get out of control. With punishments for certain crimes enhanced, a simple mistake could lead to life-long consequences. If you’ve been charged with a state of emergency crime, contact Hanlon Law today to schedule a free consultation.


What is a State of Emergency?


When a Governor (or even worse, the President of the United States) declares a state of emergency, they are recognizing severe conditions that impact a large portion of the population where the emergency has been declared. Basically, a state of emergency is any significant event that affects a large portion of the population in a given area, to the point that those people need additional support and protection. 


States of emergency can be declared for a variety of reasons. Resource scarcity, terrorism, and certain “acts of God” like tsunamis, hurricanes, and earthquakes are all extreme events that can have serious implications for anyone in the area. 


Florida is perhaps unusually predisposed to localized states of emergency, as tropical storms and hurricanes wreak disastrous havoc across the state on a seasonal basis. During such states of emergency, penalties for certain crimes are enhanced, sometimes dramatically so. 


What Are State of Emergency Crimes?


State of emergency crimes are exactly what their name suggests: certain crimes committed during an officially-declared state of emergency. Such crimes are met with harsher penalties during the state of emergency than they would be otherwise. These enhanced consequences are enacted in hopes of deterring and discouraging people from committing said crimes during a chaotic, confusing time. 


For example, a common state of emergency crime is breaking into a store to loot products and supplies, such as food, water, toilet paper, and other basic necessities. Sometimes, people even attempt to steal luxury items while store attendants are distracted, or have fled for their own safety. Regardless of what is taken and the emergency circumstances that may have prompted it, that theft is still a crime. To discourage people from taking advantage of a chaotic state of emergency to steal, the penalties for even petty theft are enhanced exponentially. 


What are the Consequences of State of Emergency Crimes?


Because of the increased risk of certain crimes being committed, and in an effort to maintain peace and order during an otherwise unstable time, Florida law dictates harsher punishments for such crimes when committed during a state of emergency. 


So, if we follow our example, stealing from an establishment would normally fall under the umbrella of “theft,” and would face consequences respective to the aggregate value of what was stolen. Let’s say that value is around $1,000; such an offense would normally be considered grand theft of the third degree, which would be charged as a third-degree felony. The normal consequences for this crime would be up to 5 years in prison along with a $5,000 fine. 


However, if that same theft is committed during a state of emergency, it would be charged as a second-degree felony, which is punishable by up to 15 years in prison and up to $10,000 in fines. While the charge is only enhanced one degree, the maximum prison sentence triples, and the maximum fine doubles.


How to Defend Against State of Emergency Crimes Charges


As the types of crimes that face enhanced punishments during a state of emergency vary widely, the possible defenses also vary. Generally speaking, though, the defense strategy options against a state of emergency crime charge would be the same as what they would be if the crime was committed outside a state of emergency. 


So, for our theft example, possible defenses might include contesting the estimated value of the property stolen to secure a lower charge, denying the theft occurred, etc.


Kissimmee Criminal Defense Lawyers 


A state of emergency is a chaotic, stressful time for anyone in the vicinity. Doing what’s best for you and your family shouldn’t end with half your life spent in jail, which is why it’s vital to retain an experienced defense attorney as soon as possible. At Hanlon Law, our legal team offers nearly twenty years in the courtroom. We take an aggressive approach and work tirelessly to advocate on your behalf at every opportunity. If you’ve been charged with a state of emergency crime, don’t wait. Contact Hanlon Law to schedule a free consultation today.

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