Home Invasion Robbery in Florida
The crime of Home Invasion Robbery is a First Degree Felony punishable by up to thirty years in prison.
Under Florida Statute 812.135, the crime of Home Invasion Robbery is committed when a person enters a dwelling with the intent to unlawfully take money or property from the occupants through the use of force, violence, assault, or threat.
Penalties for Home Invasion Robbery
The crime of Home Invasion Robbery is a First Degree Felony and is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Home Invasion Robbery, a judge is required to impose a minimum prison sentence of 34½ months in prison absent grounds to impose a downward departure sentence and can also impose any combination of the following penalties:
- Up to thirty tears in prison.
- Up to thirty years of probation.
- Up to $10,000 in fines.
Weapons and Firearms Enhancements
The penalties for Home Invasion Robbery increase if there was a weapon or firearm used during the commission of the Home Invasion Robbery.
Weapon Enhancement
If a weapon is used in the commission of a Home Invasion Robbery, the crime becomes punishable by up to life in prison and will be classified as a Level 10 offense under Florida’s sentencing guidelines, which would require a judge to impose a minimum prison sentence of 66 months in prison.
10/20/Life Firearm Enhancement
Under Florida Statute 775.087(2)(a)(1), a person convicted of actually possessing a firearm during the commission of a Home Invasion Robbery, as opposed to being an unarmed accomplice, is subject to being sentenced under Florida’s 10/20/Life statute.
Under the 10/20/Life statute, and depending on how the firearm was used, a person convicted of Home Invasion Robbery could receive one of the following minimum-mandatory prison sentences:
- A minimum 10 year prison term if in possession of a firearm;
- A minimum 20 year prison term if the firearm was discharged; and
- A minimum 25 year prison term if someone is injured or killed by a firearm.
Defenses to Home Invasion Robbery
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Home Invasion Robbery include:
- False Accusation
- Mere Presence
- Misidentification
Mere Presence
Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [4]
As a result, if you a friend commits a Home Invasion Robbery, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the crime of Home Invasion Robbery.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Home Invasion Robbery in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.