What is home-invasion robbery in Florida?

The crime of Home-Invasion Robbery is a First Degree Felony, which is punishable by up to thirty years in prison, up to thirty years of probation, and up to $10,000 in fines.

Under the 10/20/Life Law, a defendant convicted of firearm possession during a Home-Invasion Robbery could be subject to the following minimum-mandatory prison sentences: [1]

  • Possession of a Firearm – 10-year minimum prison term.  
  • Firearm Discharged – 20-year minimum prison term.  
  • A Victim is Injured or Killed by a Firearm – 25-year minimum prison term.  

This offense occurs when a person:

Enters a home with the intent to commit a robbery and does commit the robbery from the property’s occupants.  

Defenses to Home-Invasion Robbery

Some of the defenses to Home-Invasion Robbery are:

  • “Mere Presence” at the scene of a crime is not enough to support a conviction.  [2]
    • In cases where a friend or companion commits a Home-Invasion Robbery, the defendant must have intended for the act to have been done as well and done something to encourage, help, or advise the person who commits the crime for Home-Invasion Robbery.  
  • Misidentification occurs when a witness mistakes the identity of the perpetrator.  Misidentification can result from an unnecessarily suggestive pre-trial identification or factors of the situation, such as if the robbery took place in a dark setting.  [3] 
  • False Accusation occurs when the defense can show that a witness has a motive and has a high likelihood of lying about the Home-Invasion.  [4]

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of home-invasion robbery in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

References:

  1. § 775.087 POSSESSION OR USE OF WEAPON; AGGRAVATED BATTERY; FELONY RECLASSIFICATION; MINIMUM SENTENCE
    https://www.flsenate.gov/Laws/Statutes/2019/775.087
  1. Gabriel v. State, 254 So. 3d 558 (Fla. Dist. Ct. App. 2018).  
    https://scholar.google.com/scholar_case?case=859289659317808254&q=Gabriel+v.+State,+254+So.+3d+558+(Fla.+Dist.+Ct.+App.+2018).++&hl=en&as_sdt=4,10
  1. Simmons v. United States, 390 U.S. 377 (1968).  
    https://scholar.google.com/scholar_case?case=18211973969372867616&q=Simmons+v.+United+States,+390+U.S.+377,+384,+88+S.+Ct.+967,+971,+19+L.+Ed.+2d+1247+(1968)&hl=en&as_sdt=40006
  1. Finch v. State, 156 So. 489 (Fla. 1934).  


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