What Are the Elements of Home Invasion Robbery in Florida?

Home invasion robbery involves entering the dwelling of another with the intent to commit certain felonies This crime is a very serious one that would always lead to a jail sentence upon conviction, which would likely be lengthy. However, the prosecutor always maintains the option of charging you with a lesser crime or allowing you to reach a plea deal if you choose not to fight the charges against you.

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A home invasion robbery is a special category of crime that can lead to elevated penalties. In Florida, home invasion is treated as a first-degree felony, which can be punishable with up to life in prison. There is a mandatory minimum sentence if the defendant is convicted of a home invasion in which they used a weapon. Prosecutors must prove three primary elements for a defendant to be convicted of a home invasion.

Entry Into a Dwelling

The defendant must have entered into the dwelling of a victim. For purposes of this alleged crime, a dwelling means a building of any kind, including any attached porch, whether such building is temporary or permanent, mobile or immobile. The building must have a roof over it and be designed for people to occupy it at night. A dwelling can also include the enclosed space of ground and outbuildings immediately surrounding it. Note that home invasion charges could also be filed when you have entered a “conveyance,” which could describe a broader range of property.

Intent

The defendant must have intent to commit a robbery within the dwelling. One cannot be convicted of home invasion if they have accidentally entered a dwelling, or they did it for reasons other than committing a robbery. Here, robbery means that the defendant used force (or put the victim in fear of using force) to take property that was of value. The defendant must have had the intent to temporarily or permanently deprive the victim of the use or benefit of their property.

Commission of Robbery

The defendant must have actually committed the robbery to be convicted of home invasion. If the defendant entered the dwelling, but they did not actually go through with the robbery, or succeed in carrying it out, they cannot be convicted of home invasion. Robbery also does not mean that the defendant permanently took the property. It could be considered robbery if the defendant takes possession of it for any period of time.

Home invasion robbery becomes a much more serious crime if there is a weapon involved. There are elevated penalties for the use of a firearm, deadly weapon or other weapon. A “deadly weapon” can encompass many more things than you think. If you have used a weapon in a manner that would commit or leave the alleged victim with the belief that you intended to commit great bodily harm, it can be a home invasion robbery with a deadly weapon.

If a defendant has been arrested for entering the dwelling of another, the prosecutor has several options. They may elect to charge you with the highest possible crime, which would be home invasion robbery. However, there are several other lesser offenses that you could be charged with if the prosecutor does not believe that they have the evidence to prove all three elements, or they want to negotiate lesser charges.

You could also be charged with burglary under these circumstances, which is entering the structure, dwelling or conveyance of another with the intent to commit a crime. If burglary is the charge, you would not have actually had to go through with the robbery to be convicted. Theft is also a lesser offense that could be charged under these facts (for example, if you did not use force or fear to take property). Regardless, it is vital that you hire an experienced criminal defense lawyer for your case if you have been charged with home invasion, burglary or theft.

If one is convicted of home invasion robbery, they could face the following penalties:

• Up to thirty tears in prison (with a mandatory minimum sentence of 34 ½ months)
• Up to thirty years of probation.
• Up to $10,000 in fines

Contact a Florida Criminal Defense Law Firm Today

Never try to face the criminal justice system alone. Instead, reach out to the experienced criminal defense attorneys at The Alers Law Firm today to discuss your case and learn about your legal options. You can speak with a criminal defense lawyer by calling us today at 407-930-4888.