Understanding Home Invasion Robbery in Florida With Your Trusted Attorney
Under Sec. 812.135, Florida Statutes, the elements of Home Invasion Robbery in Florida are defined when a person:
- Enters a dwelling with the intent to commit a robbery
- Actually robs the occupants of the building
Robbery is articulated under Sec. 812.13, Florida Statutes, as the intentional taking of money or other property from someone else using force, violence, assault, or threats.
Penalties for Home Invasion Robbery in Florida
|Type of Robbery
|Without a Weapon
|Level 8 (74 points)
|Up to 30 years of prison or probation, and a $10,000 fine
|With a Non-Deadly Weapon
|Level 9 (92 points)
|Up to 30 years of prison or probation, and a $10,000 fine
|With a Firearm or Deadly Weapon
|Level 10 (116 points)
|Up to life imprisonment and a $10,000 fine
Penalties for Home Invasion Robbery Without a Weapon
Home Invasion Robbery is a first-degree felony in Florida if you did not carry any type of weapon, punishable by up to 30 years of prison or probation, and a $10,000 fine.
The charge carries a severity level of 8 (or 74 points) under the Criminal Punishment Code; assuming there are no aggravating circumstances (such as prior criminal convictions), this translates to a minimum permissible sentence of 34.5 months in prison. The judge cannot impose a lesser sentence unless special circumstances exist for what is called a downward departure from the minimum sentence.
Penalties for Home Invasion Robbery with a Weapon
Home Invasion Robbery is a first-degree felony in Florida if you carried a non-deadly weapon during the robbery, punishable by up to 30 years of prison or probation, and a $10,000 fine.
Although the maximum sentence for Home Invasion Robbery with a Weapon is the same as committing the robbery without a weapon, the minimum sentence is higher. The charge carries a severity level of 9 (or 92 points) under the Criminal Punishment Code; assuming there are no aggravating circumstances, this translates to a minimum permissible sentence of 48 months in prison.
Penalties for Home Invasion Robbery with a Firearm or Deadly Weapon
Home Invasion Robbery is a first-degree felony in Florida if you carried a firearm or other deadly weapon, punishable by up to life imprisonment and a $10,000 fine.
The charge carries a severity level of 10 (or 116 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances, this translates to a minimum permissible sentence of 66 months in prison.
Defending a Charge of Home Invasion Robbery in Florida
In fighting a charge of home invasion robbery in Florida, several legal strategies can be employed. A detailed understanding of these defenses can be pivotal in formulating a solid strategy for your case.
This implies that there is no robbery if you use threats or force against someone for a different purpose, and then take the property as an afterthought. Essentially, it would mean proving that the original intent of the invasion was not to rob.
If evidence was obtained in violation of your constitutional rights, it could be challenged and potentially discarded. This could include evidence acquired without a valid search warrant or an illegal arrest.
Lack of Evidence
One defense strategy could be showing that there is no solid evidence supporting the charge. The prosecution needs to prove beyond reasonable doubt that you committed the crime. If there is insufficient evidence, this can play significantly to your advantage.
Presenting an alibi implies proving that you were somewhere else at the time the crime was committed, and hence couldn’t have participated in the robbery.
Coercion or Duress
Another defense could be proving that you were coerced or under duress while committing the act. This would involve demonstrating that you were forced into the crime due to threats of bodily harm or death.
A common defense in criminal cases, mistaken identity involves proving that the police or the victim identified the wrong person – you – as the perpetrator of the crime.
At Leppard Law, we have a history of employing these and more defense strategies effectively to fight for a reduction or dismissal. We understand that every case is unique and requires an individualized approach to deliver the best outcome for our clients. As seasoned Orlando criminal defense attorneys, we can help to ensure that your rights are protected and that you have the strongest possible defense strategy in place.
Frequently Asked Questions
What is the definition of home invasion robbery in Florida?
Home invasion robbery in Florida is defined as intentionally entering a dwelling with the intent to commit a robbery and robbing the occupants of the building.
What are the penalties for home invasion robbery in Florida?
The penalties vary depending on whether a weapon was used during the crime. The charges can range from up to 30 years in prison to life imprisonment, along with a fine of $10,000.
Can Leppard Law help me fight a charge of home invasion robbery in Florida?
Yes, Leppard Law has experienced attorneys who are well-versed in criminal law and have a proven track record of successfully defending clients charged with home invasion robbery.
What are the defense strategies for a home invasion robbery charge?
Defense strategies can include the Afterthought Defense, moving to throw out evidence obtained in violation of your rights, showing a lack of evidence supporting the charge, or presenting an alibi.
What is the role of an attorney in a home invasion robbery case?
An attorney plays a crucial role in defending you from charges. They can help you understand your rights, develop a defense strategy, negotiate with the prosecution, and represent you in court.
Strategies and planning are vital in combating criminal accusations. At Leppard Law, we consider every case very seriously and understand how crucial it is for our clients to fight the charges. We approach each case with tenacity, committed to developing and implementing a strategy that provides our clients with the most effective solutions and results. Call 407-476-4111 for a free consultation.