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Home Invasion Robbery

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.

Elements

To prove the crime of Home Invasion Robbery, the State must prove the following elements beyond a reasonable doubt:

  1. The accused entered the dwelling of the alleged victim.
  2. At the time the accused entered the dwelling, he or she intended to commit robbery.
  3. While inside the dwelling, the accused did commit robbery.

Penalties

The crime of Home Invasion Robbery is a First Degree Felony punishable by up to 30 years in Florida State Prison.

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.

10/20/Life

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:

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.