Home invasion is a serious criminal offense in Florida, one that will leave those found guilty potentially facing life in prison. Florida Statute §812.135 defines home invasion robbery as:
When a firearm or weapon is used in committing the crime of home invasion, the penalties become more severe for those convicted. At Adams & Luka, our Orlando theft defense attorneys understand the fear and uncertainty those accused of this level 8 offense face. A first-degree felony is an extremely serious charge, one that requires the legal guidance and support of a dedicated and compassionate attorney.
Home invasion typically involves a violent intent to commit another crime against the occupants, and does not necessarily have to occur in someone's residence. For instance, an individual may enter an occupied hotel room with the intention of kidnapping or robbery and be accused of home invasion. In many cases, the offender suddenly bursts into the home in an effort to create chaos and gain control over the occupants right away. Creating fear and intimidation in order to take money, jewelry, firearms, or other valuables is common in these situations.Defenses to Charges of Home Invasion in Florida
Until proven guilty beyond a reasonable doubt, every defendant is innocent. With home invasion, the state must prove every element of the crime. Prosecutors must prove that you did in fact enter the victim's dwelling, that the intent to commit robbery at the time you entered the dwelling did exist, and that you committed the alleged crime while you were inside the dwelling. In order to prove the defendant's guilt, prosecutors often introduce evidence including victim statements, forensics, and statements of witnesses. As Orlando home invasion defense lawyers, we will work vigorously to challenge the evidence, and work to develop the strongest, most effective defense possible. The most common defense strategies in cases of home invasion robbery include:
Criminal penalties if found guilty of this first-degree felony include:
The judge may impose any combination of the above on the defendant if convicted. Additionally, the maximum prison term increases to life if a weapon is used in the commission of the crime. In this case, the judge will impose a mandatory minimum sentence of 66 months in prison.
The 10/20/Life Firearm enhancement may also apply. This statute would result in the following penalties depending on the circumstances:
Anyone who has been arrested or who is under investigation for home invasion must obtain exceptional legal counsel right away. Do not speak to police, or answer their questions. Your freedom, reputation, and future are in jeopardy. At Adams & Luka, our Orlando home invasions defense attorneys will work vigorously to have charges dismissed, reduced, or to secure an acquittal at trial. Our goal is to reach the best possible result in your case. Call us immediately for a free consultation at (407) 872-0307 or (352) 787-2101.