Home Invasion Robbery in Florida
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
Under Florida Statute 812.135, the crime of Home Invasion Robbery is committed when a person enters a dwelling with the intent to unlawfully take money or property from the occupants through the use of force, violence, assault, or threat.
Penalties for Home Invasion Robbery
The crime of Home Invasion Robbery is classified as a First Degree Felony and is assigned a Level 8 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Home Invasion Robbery, a judge is required to impose a minimum prison sentence of 34½ months in prison absent grounds to impose a downward departure sentence and can also impose any combination of the following penalties:
- Up to thirty tears in prison.
- Up to thirty years of probation.
- Up to $10,000 in fines.
Weapons and Firearms Enhancements
The penalties for Home Invasion Robbery increase if there was a weapon or firearm used during the commission of the Home Invasion Robbery.
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
Under Florida Statute 775.087(2)(a)(1), a person convicted of actually possessing a firearm during the commission of a Home Invasion Robbery, as opposed to being an unarmed accomplice, is subject to being 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
- False Accusation
Contact Criminal Defense Lawyer Richard Hornsby
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