If accused of Home Invasion Robbery in Florida, you need to know the:
- Definition of Home Invasion Robbery
- Penalties for Home Invasion Robbery
- Defenses to Home Invasion Robbery
Definition of Home Invasion Robbery
The crime of Home Invasion Robbery is defined as:
- The entering of a dwelling;
- With the intent to unlawfully take money or property from the occupants;
- Through the use of force, violence, assault, or threat.
Additionally, the potential penalties increase if there was a weapon or firearm used during the commission of the Home Invasion Robbery.
Penalties for Home Invasion Robbery
The crime of Home Invasion Robbery is a First Degree Felony and is classified as a Level 8 offense under Florida's sentencing guidelines
If convicted of Home Invasion Robbery, a judge is required to impose a minimum prison sentence of 34½ months in prison and can also impose any combination of the following penalties on top of that.
- Up to thirty tears in prison.
- Up to thirty years of probation.
- Up to $10,000 in fines.
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
If a firearm was used in the commission of a Home Invasion Robbery, a person can also be 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
The primary defenses to the crime of Home Invasion Robbery are:
- False Accusation
- Misidentification
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.
The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.
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