The state of Florida emphasizes the safety of civilians in their domiciles. Consequently, Florida has some of the toughest penalties for individuals who are convicted of burglary crimes like home invasion robbery.
The criminal defense attorneys at Weinstein Legal have taken on some of the toughest prosecutorial cases in Broward and Palm Beach counties. These diligent and aggressive defense lawyers believe that all criminal defendants deserve the best representation available and that they are innocent unless proven otherwise. Call Weinstein Legal to freely discuss the charges against you under the protection of attorney-client privilege.
812.135 – The Home Invasion Statute
Florida State Statute 812.135 defines home invasion robbery as “any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.” In order for a criminal charge to be elevated to home invasion, the following elements must exist:
- The defendant must have entered a home. This typically involves uninvited entry or entry by deception.
- The defendant must commit a robbery inside the residence. Robbery is defined under FSS 812.13. Robbery requires the theft of money or other property by force or the threat of force.
So, in other words, if a defendant enters a home and steals property or money using force or the threat of force, it can be categorized as home invasion robbery.
FSS 812.135 also distinguishes between home invasion robbery with a firearm or other deadly weapon, a non-firearm weapon, and no weapon.
Penalties for Home Invasion Robbery
The penalties for home invasion robbery are severe, and it is always categorized as a felony-level crime.
- Home Invasion Robbery With a Gun or Deadly Weapon – This is considered a first-degree felony punishable by life imprisonment not to exceed 40 years and a $15,000 fine.
- Home Invasion Robbery WIth a Weapon – This is a first-degree felony, punishable by up to 30 years imprisonment and a $10,000 fine.
- Home Invasion Robbery Without a Weapon – Because this is also a first-degree felony, it is still punishable by up to 30 years imprisonment and a $10,000 fine. There may, however, be more room for leniency by the courts than with armed offenses.
The following are offenses that can be charged concurrently or in lieu of home invasion robbery:
- Burglary with a Battery, 810.02(2)(a) – First-degree felony
- Armed Burglary, 810.02(2)(b) – First-degree felony
- Burglary of an Occupied Dwelling, 810.02(2)(c) – First-degree Felony
- Armed Trespass, 810.08(2)(c) – Third-degree misdemeanor
It's important to note that even if you are charged with a lesser crime, like armed trespass, you could still be facing up to five years in prison and a $5,000 fine. Any conviction will result in a permanent criminal record. A felony conviction can also prevent you from owning a firearm or voting until you're clear of all penalties.
Defenses for Home Invasion Robbery
An effective criminal defense lawyer, like the ones you will find at Weinstein Legal, will review all of the prosecutorial evidence against you prior to establishing a defense. They will also want to depose all officers, witnesses, and alleged victims involved in the case. Once they have the full picture of the events leading to your arrest, they can examine defense strategies. Here are some of the most effective defense strategies in home invasion robbery cases.
- Mistaken Identity – This is most effective when the victim identifies the defendant in a photo lineup or on a showup and when the defendant is unknown at the time of the offense.
- Illegal Stop – The police have the legal ability to stop an individual if they have reasonable suspicion that they were involved in a crime. If the court determines that the stop was unwarranted, any evidence obtained pursuant to the stop may be dismissed.
- Improper Showup – The police must follow protocol for stopping individuals suspected of crimes. If they don't follow the proper procedure, the identification may be inadmissible.
- Illegal Search – The police must have a warrant to search persons, vehicles, or premises, or circumstances must meet a warrantless exception. Any evidence uncovered in an illegal search becomes the fruits of the poisonous tree.
- Unlawful Interview – If the police violate a suspect's rights during interrogation, any statements made may be inadmissible.
This is just a sampling of the type of defenses that may be available for your case.
Why You Need to Hire a Private Defense Attorney
At the Weinstein Legal Team, we have the highest level of respect for the vital roles that the attorneys of the Public Defender's offices play in the Broward and Palm Beach criminal justice systems. The truth of the matter, though, is that public defense lawyers are expected to handle massive caseloads, leaving them little time to work with individual clients. As a private criminal defense attorney in Florida, Matt Shafran of Weinstein Legal and his team have the time and resources to dedicate to each case. Because Weinstein Legal is a private firm, these attorneys manage their own caseloads, ensuring that their clients receive the attention they need.
Frequently Asked Questions About Home Invasion Robbery
The following information is not to be construed as legal advice. If you've been charged with home invasion robbery or any other felony crime, contact a violent crimes attorney in Florida immediately.
What if I Was Invited into the Property Where I Was Accused of Committing the Crime?
Forced entry is not a necessary element of home invasion robbery, but an invitation onto the property could be seen as a mitigating circumstance. Whether or not this fact can be used to soften your charges depends on the totality of the circumstances surrounding your case.
The Police Offered Me a Deal for Cooperation. Should I Take It?
You may very well have information that the police need, but you should never try to negotiate for leniency without an experienced criminal defense lawyer by your side. The police and criminal prosecutors can be tricky. You may inadvertently provide information that helps them convict you before you secure your deal.
