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Orlando Home Invasion Lawyer

home invasion

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:

  • The entering of a dwelling;
  • with the intent to take property or money from the occupant of the dwelling in an unlawful manner;
  • through the use of threat, force, assault, or violence.

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:

  • False accusation
  • Misidentification
Criminal Penalties for Home Invasion Robbery in Orlando & Central Florida

Criminal penalties if found guilty of this first-degree felony include:

  • Mandatory minimum of 34 1/2 months in prison
  • Maximum of thirty (30) years in prison
  • Maximum of thirty (30) years probation
  • Fines of up to $10,000

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:

  • Minimum of ten (10) years in prison if a firearm was possessed during the commission of the crime
  • Minimum of twenty (20) years in prison if a firearm was discharged during the commission of the crime
  • Minimum of twenty-five (25) years in prison if the firearm caused injury or death to someone during the commission of the crime
Contact Adams & Luka Now

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.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink