Criminal Defense For Felony Home Invasion Charges In Florida
Home invasion occurs upon the illegal entry into a private and occupied house, apartment, hotel room, or other dwelling, with the violent intention to commit a crime such as rape, kidnapping, homicide, assault or robbery against the occupants. These crimes usually happen at night or on the weekend when occupants are most likely to be present.
The offenders rarely work solo, and they do rely on a burst of violent entry to cause chaos and overwhelm while taking control of the occupants and dwelling immediately upon entry. They usually use firearms or other weapons to create fear in the occupants and they come prepared to restrain the occupants.
Often the occupants are targeted because they:
- Were noticed driving an expensive car
- We noticed wearing expensive jewelry
- Are living alone
- Are elderly
- Demonstrated some other vulnerability
Florida is one of the states that recognizes home invasion robbery as a specific crime. Home invasion robbery is a serious crime with harsh penalties if found guilty.
At Leskovich Law Group, P.A. we are experienced in theft crime defense and our Punta Gorda criminal attorneys handle a large variety of criminal cases. We understand criminal law and provide aggressive defense for our clients both inside and outside the courtroom.
Penalties For Home Invasion Robbery Convictions
A Florida Police Chief articulated a theory about home invasion robberies. He believed that the reason more common targets of convenience stores, banks, and fast food restaurants are harder to rob successfully is due to the technological advances in security. Easy entry points for home invasions are through the front door or garage of a dwelling, with the likelihood of inadequate security devices and the ability to carrying out a desired robbery.
It is a serious felony crime and has consequences of a maximum of 30 years in prison, 30 years’ probation, and $10,000 payment in fines. If no firearm, deadly weapon, or weapon were used in the commission of the crime, it is a 1st degree felony, level 8 offense, minimum of 34.5 months in prison. If the perpetrator carried or used a firearm or deadly weapon, it jumps to a level 10 offense, 1st degree felony, with a minimum sentence of 66 months in prison.
Home Invasion Robbery Defense Options
Per 15.3 Home-Invasion Robbery, section 812.135 (2012) of the Florida Statutes certain proven elements must exist beyond a reasonable doubt. A prosecution must prove that the defendant in fact entered the dwelling of the victim; there existed the intent to commit robbery at the time of entry into the dwelling; and the defendant committed the crime while inside the dwelling. They will rely on witness statements, forensics, victim statements, and other evidence in order to prove their case.
A strong, well-formulated, and thoroughly prepared defense starting at the onset of the case can make a difference in the case result. Challenging every piece of evidence, arrest reports, possible Miranda warning violations, and statements, are just part of the actions taken by defense attorneys to disprove criminal allegations. You may be falsely accused or mistaken for the real offender. Although you face criminal allegations, it does not mean that you will be found guilty and suffer penalties.
Schedule A Consult With Our Team Today
Let our attorneys defend you against major home invasion robbery criminal charges. Home invasion robbery is a 1st degree felony in Florida. Call 941-621-6623 to learn about your rights under the law.