Home Invasion Robbery in Florida
Home invasion occurs upon the illegal entry into a private and occupied
house, apartment, hotel room, or other dwelling, with the violent intention
to commit a crime such as rape, kidnapping, homicide, assault or robbery
against the occupants. These crimes usually happen at night or on the
weekend when occupants are most likely to be present.
The offenders rarely work solo, and they do rely on a burst of violent
entry to cause chaos and overwhelm while taking control of the occupants
and dwelling immediately upon entry. They usually use firearms or other
weapons to create fear in the occupants and they come prepared to restrain
the occupants with tape, handcuffs or rope. Often the occupants are targeted
because they were noticed driving an expensive car, wearing expensive
jewelry, living alone, elderly, or demonstrate some other vulnerability.
The installation of fear and intimidation works in favor of the perpetrators.
Florida is one of the states that recognizes home invasion robbery as a
specific crime. Home invasion robbery is a serious crime with harsh penalties
if found guilty. At Leskovich Law Group, P.A. we are experienced in theft
crime defense and our Punta Gorda criminal attorneys handle a large variety
of criminal cases. We understand criminal law and provide aggressive defense
for our clients both inside and outside the courtroom.
Penalties for Home Invasion Robbery Convictions
A Florida Police Chief articulated a theory about home invasion robberies.
He believed that the reason more common targets of convenience stores,
banks, and fast food restaurants are harder to rob successfully is due
to the technological advances in security. Easy entry points for home
invasions are through the front door or garage of a dwelling, with the
likelihood of inadequate security devices and the ability to carrying
out a desired robbery.
It is a serious felony crime and has consequences of a maximum of 30 years
in prison, 30 years' probation, and $10,000 payment in fines. If no
firearm, deadly weapon, or weapon were used in the commission of the crime, it is a 1
st degree felony, level 8 offense, minimum of 34.5 months in prison. If the
perpetrator carried or used a firearm or deadly weapon, it jumps to a
level 10 offense, 1
st degree felony, with a minimum sentence of 66 months in prison.
Home Invasion Robbery Defense Options
Per 15.3 Home-Invasion Robbery, section 812.135 (2012) of the Florida Statutes
certain proven elements must exist beyond a reasonable doubt. A prosecution
must prove that the defendant in fact entered the dwelling of the victim;
there existed the intent to commit robbery at the time of entry into the
dwelling; and the defendant committed the crime while inside the dwelling.
They will rely on witness statements, forensics, victim statements, and
other evidence in order to prove their case.
A strong, well-formulated, and thoroughly prepared defense starting at
the onset of the case can make a difference in the case result. Challenging
every piece of evidence, arrest reports, possible Miranda warning violations,
and statements, are just part of the actions taken by defense attorneys
to disprove criminal allegations. You may be falsely accused or mistaken
for the real offender. Although you face criminal allegations, it does
not mean that you will be found guilty and suffer penalties. Let our attorneys
defend you against major home invasion robbery criminal charges. Home
invasion robbery is a 1
st degree felony in Florida. Call Leskovich Law Group, P.A. for a needed