Pursuant to Florida Statute 812.135, Home-invasion robbery is 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.
To prove the crime of Home Invasion Robbery, the State must prove the following elements beyond a reasonable doubt:
- The accused entered the dwelling of the alleged victim.
- At the time the accused entered the dwelling, he or she intended to commit robbery.
- While inside the dwelling, the accused did commit robbery.
The crime of Home Invasion Robbery is a First Degree Felony punishable by up to 30 years in Florida State Prison.
If a weapon is used in the commission of a Home Invasion Robbery, the crime becomes punishable by up to life in prison.
If a firearm was used in the commission of a Home Invasion Robbery and the accused was found to be in actual physical possession of the firearm, the accused will be subject to 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.
In addition to Home Invasion Robbery, Florida criminalizes the following variations of Robbery:
- Robbery or Strong Arm Robbery
- Robbery by Sudden Snatching
- Robbery with a Deadly Weapon
- Robbery with a Firearm
If you are charged with Home Invasion Robbery or any Robbery crime in Broward County, an experienced Criminal Defense Attorney is essential. For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.