Home invasion robbery is one of the most serious criminal offenses in Florida, carrying severe penalties and long-term consequences. This comprehensive article will explore the relevant statutes, potential punishments, the criminal case process, common defenses, and the importance of securing experienced legal representation. 

Key Florida Statutes and Legal Definitions

Florida Statutes Section 812.135(1) defines and penalizes the crime of home invasion robbery. This statute specifically addresses the unlawful entering of a dwelling with the intent to commit robbery, combined with the use or threat of force.

Florida Statutes Section 812.135(1)

Florida Statutes Section 812.135(1) states: "Home-invasion robbery means 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." 

This statute distinguishes home invasion robbery from other types of robbery by emphasizing the illegal entry into a dwelling. The key elements include:

  • Unlawful Entry: The offender must enter the dwelling without permission.
  • Intent to Commit Robbery: There must be an intent to commit robbery upon entering.
  • Use or Threat of Force: The offender must use or threaten to use force to take property from the occupants.

Other Relevant Statutes

Other relevant statutes that may apply to home invasion robbery include:

  • Florida Statutes Section 812.13: General robbery statutes, outlining the use of force, violence, assault, or putting in fear during a theft.
  • Florida Statutes Section 810.02: Burglary statutes, defining unlawful entry into a structure with the intent to commit an offense therein.
  • Florida Statutes Section 775.087: Reclassification of offenses for use of a firearm, which can enhance penalties if a weapon is involved.

Potential Fines, Jail Time, Probation, and Other Consequences

The penalties for home invasion robbery in Florida are severe, reflecting the seriousness of the offense.

Fines

Convictions for home invasion robbery can result in substantial fines. While specific amounts can vary based on the case's circumstances, fines can reach tens of thousands of dollars. These fines are intended to act as both punishment and deterrence.

Jail Time

Home invasion robbery is classified as a first-degree felony in Florida. This classification carries severe penalties, including:

  • Prison Sentence: A conviction can lead to a prison sentence of up to life imprisonment. The length of the sentence depends on various factors, including the use of weapons, the presence of injuries, and the offender’s criminal history.
  • Minimum Mandatory Sentences: If a firearm is used during the commission of the robbery, mandatory minimum sentences apply, which can range from 10 to 25 years or more.

Probation

In addition to or instead of imprisonment, the court may impose probation. Conditions of probation typically include:

  • Regular reporting to a probation officer.
  • Compliance with specific rules and restrictions, such as curfews and travel limitations.
  • Participation in counseling or treatment programs.
  • Restitution to victims.

Violating probation terms can result in additional penalties, including imprisonment.

Other Consequences

Convictions for home invasion robbery can have far-reaching consequences, including:

  • Permanent Criminal Record: A felony conviction results in a permanent criminal record, affecting future employment opportunities, housing, and other aspects of life.
  • Loss of Civil Rights: Convicted felons lose certain civil rights, such as the right to vote, possess firearms, and serve on a jury.
  • Restitution: Courts may order the offender to pay restitution to the victims, covering the cost of stolen property, medical expenses, and other damages.

The Criminal Case Process in Florida's Criminal Justice System

Navigating the criminal justice system for a home invasion robbery charge involves several stages, each critical to the outcome of the case.

Arrest and Initial Appearance

The process begins with the arrest, typically following a police investigation. The arrested individual is taken into custody and will appear before a judge for an initial appearance, where the charges are read, and bail conditions are set. Legal representation at this stage is crucial to ensure that the defendant's rights are protected.

Arraignment

During the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This stage is vital for setting the course of the case, including trial dates and pre-trial motions. An experienced attorney will advise on the best plea based on the case's specifics.

Discovery and Pre-Trial Motions

In the pre-trial phase, both the prosecution and defense engage in discovery, exchanging evidence and information relevant to the case. Pre-trial motions may be filed to address specific legal issues, such as suppressing evidence obtained unlawfully or challenging the admissibility of certain testimony. Effective legal representation is essential to navigate this phase successfully.

Plea Bargaining

Many criminal cases are resolved through plea negotiations. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. Plea bargaining requires careful negotiation and strategic decision-making.

Trial

If a plea agreement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense presents its case, challenging the prosecution's evidence and offering alternative explanations or defenses.

Sentencing

If the defendant is found guilty, the case moves to the sentencing phase. The judge considers various factors, including the severity of the offense, the defendant's criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, and other penalties.

Common Defenses Against Home Invasion Robbery Charges

Defending against charges of home invasion robbery requires a thorough understanding of the legal principles and strategies involved.

Lack of Intent

One defense is to argue that the defendant did not intend to commit a robbery upon entering the dwelling. Proving a lack of intent can significantly weaken the prosecution's case.

Alibi

An alibi defense involves proving that the defendant was not present at the scene of the crime when it occurred. This can be supported by witness testimony, video footage, or other evidence showing the defendant's whereabouts at the relevant time.

Mistaken Identity

Mistaken identity can occur in cases where the victim or witnesses incorrectly identify the defendant as the perpetrator. Challenging the accuracy of identification, especially under stressful conditions, can be a strong defense.

Unlawful Search and Seizure

If law enforcement conducted an unlawful search or seizure, any evidence obtained as a result may be inadmissible in court. This defense relies on Fourth Amendment protections against unreasonable searches and seizures.

Coercion or Duress

In some cases, the defendant may argue that they were coerced or under duress when committing the crime. This defense requires proving that the defendant was forced to commit the robbery due to immediate threats of harm to themselves or others.

FAQs About Home Invasion Robbery in Florida

What is the definition of home invasion robbery under Florida law?
Home invasion robbery involves unlawfully entering a dwelling with the intent to commit a robbery and using or threatening force to steal from the occupants.

What penalties can be imposed for a home invasion robbery conviction?
Penalties include substantial fines, imprisonment (up to life for a first-degree felony), probation, restitution to victims, and a permanent criminal record. Use of a firearm can lead to mandatory minimum sentences.

What are common defenses against home invasion robbery charges?
Defenses include lack of intent, alibi, mistaken identity, unlawful search and seizure, and coercion or duress.

What should I do if I am arrested for home invasion robbery?
Seek immediate legal representation to protect your rights and begin building a defense strategy. An experienced attorney can navigate the legal process and negotiate with the prosecution.

How can Musca Law, P.A. help in a home invasion robbery case?
Musca Law, P.A. offers extensive experience in handling complex criminal cases, providing comprehensive legal support, strategic defense planning, and a proven track record of success in achieving favorable outcomes for clients.

Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you are facing charges of home invasion robbery in Florida, it is crucial to act quickly and secure the assistance of a skilled attorney. Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven record of success in handling such cases. We offer free consultations 24/7/365 at 1-888-484-5057 and have 30 offices across the state to serve clients in all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.