The crime known as “home invasion robbery” in Florida is fairly simple to understand. Florida statute 812.135 defines the crime as “any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robber of the occupants therein.”
The word “dwelling” (that is, the “home” mentioned in “home invasion robbery”) may be a house, apartment, or condo. It may also be a hotel or motel room.
Long and short: If a person breaks into someone’s home in order to rob them, they can be charged with home invasion robbery. And that means they will be facing serious potential consequences.
Home Invasion Robbery Penalties
The mandatory minimum sentence for home invasion robbery in Florida is 34.5 months in jail (just shy of three years). If a gun or other weapon was involved in the commission of the crime, the mandatory minimum sentence is 66 months in jail (five and a half years).
Those are significant penalties, but the maximum sentences are much harsher. If the crime was committed without a weapon of any kind, the maximum penalty is 30 years in prison, 30 years of probation, and a fine no greater than $10,000. If a weapon was in play, the maximum penalty is life in prison.
You Need a Defense Attorney Right Away
Given the seriousness of the crime and its consequences, it is probably clear that you need to hire a lawyer immediately. Your attorney will defend your rights and will find the best available option for defending you against the charges. That defense might include:
- Arguing that you have been falsely accused of the crime
- Arguing that the prosecution has not met the burden of proof due to insufficient evidence
- Arguing that you were misidentified as the perpetrator of the crime in question
Have You Been Arrested For a Robbery in Florida?
If you've been arrested for robbery or theft in Fort Walton Beach, call Flaherty & Merrifield at (850) 243-6097 for a free, confidential case review.