Home Invasion Robbery Defense

Charged with home invasion robbery

Home invasion robbery is always a first-degree felony in Florida. When the State alleges a firearm or other deadly weapon, the maximum is life in prison, and the 10-20-Life law may require a mandatory minimum. It is one of the most serious property-related charges in Florida law.

The charge has specific parts the State must prove, and many cases charged as home invasion robbery turn out to fit a different offense, or none. Chad M. Seibel is a former prosecutor who defends people facing violent felony charges.

Charges and penalties

Home invasion robbery (§ 812.135(2)(c)): first-degree felony, up to 30 years in prison. Entering a dwelling with intent to commit robbery, and then robbing the occupants.
Home invasion robbery with a weapon (§ 812.135(2)(b)): first-degree felony, up to 30 years in prison. The same, while carrying a weapon that is not a firearm or deadly weapon.
Armed home invasion robbery (§ 812.135(2)(a)): first-degree felony, up to life in prison. The same, while carrying a firearm or other deadly weapon.

Home invasion robbery is listed in the 10-20-Life statute (§ 775.087). If the State proves a firearm was possessed or discharged, or that a discharge caused death or great bodily harm, mandatory minimum prison terms apply.

Home invasion robbery vs. burglary

The two are often confused. Burglary is about entering a structure or dwelling with intent to commit a crime inside. Home invasion robbery requires more: the entry must be made with intent to commit a robbery, and a robbery of the people inside must actually happen. If no one was home, or nothing was taken by force or fear, the charge may not fit.

What the State has to prove

The State must prove that the accused entered a dwelling, that the accused intended to commit robbery when entering, and that the accused then committed a robbery of the occupants: a taking of property by force, violence, assault or putting in fear. A weapon allegation adds the element that a firearm or weapon was carried.

Possible defenses

Depending on the facts, defenses may include:

No intent to rob at entry. If the intent formed later, or the entry was for another reason, home invasion robbery may not apply.
Consent or invitation. Some cases involve a person who was invited in or had a right to be there.
Misidentification. Masks, darkness and fear make identifications unreliable.
No robbery. Without a taking by force or fear from the occupants, the charge may fail.
No weapon. Whether a weapon was carried, and whether it was a "deadly weapon," affects the maximum sentence.
Co-defendant statements. Many cases involve more than one person, and accounts from co-defendants seeking leniency can be challenged.

Frequently asked questions

What if no one was hurt? Injury is not an element. The charge rests on entry, intent and a robbery by force or fear. That's why the exact facts matter so much.

What if I was only the driver or lookout? Florida law can hold people responsible as principals, but the State must still prove what each person knew and intended. A lawyer should look closely at that proof.

Can the charge be reduced? Sometimes. Depending on the evidence, the case may be resolved as burglary, robbery or a lesser offense, or the weapon allegation may be dropped.

Talk to a defense lawyer today

If you or someone you love has been charged with home invasion robbery, call 407-846-8008 now for a free, confidential consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.