Home-Invasion Robbery

Home-Invasion RobberyFlorida Statute 812.135 - Home-Invasion Robbery

Have you been arrested and charged with home-invasion robbery? Robbery is where an individual uses force or threats to take property from another person. Home-invasion robbery is where an individual breaks inside a house to commit robbery. There are two types of robbery: (1) strong- arm robbery and (2) robbery with a deadly weapon or firearm.

What the State Prosecutor Has to Prove to Convict You of Home-Invasion Robbery

The state prosecutor has to prove beyond a reasonable doubt:

(1) You entered the dwelling of the victim;

(2) When you entered the dwelling, you intended to commit robbery; and

(3) While inside, you committed robbery.

While inside, the robbery you committed could be either strong-arm robbery or robbery with a deadly weapon or firearm. Strong-arm robbery is where you threaten the other person with violence using your body’s strong arms. Robbery with a deadly weapon or firearm is where you use a baseball bat, knife, etc. or gun to rob the victims.

The prosecutor must prove beyond a reasonable doubt:

(1) You grabbed the property from another person;

(2) You used force, violence, assault, or put the person in fear to take the property;

(3) The property had value; and

(4) The taking was with the intent to permanently or temporarily deprive the victim of his right to the property or any benefit from it.

The crime of assault can be done to commit a robbery inside a home. Assault is defined in Florida Statute 784.011 “as an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of the victim a well-founded fear that violence is about to take place.” For example, a big guy picking up a baseball bat and saying “I’m going to smash your face in” would be committing assault.

The assault would have to put a reasonable person in fear of violence but the prosecutor does not have to show the intended victim was in fear. See Smithson v. State. For example, if a professional wrestler/ bodybuilder said, “I’m going to kill you” to Mike Tyson, Mike would not be scared, but the average person would be.

The robber has to be intending to take the property with force, assault, or violence and coming into the house for some other reason. For example, maybe the defendants came inside the house to beat up the person and had the afterthought to take his money. See DeJesus v. State.

A firearm is what we commonly call a gun. A deadly weapon is a weapon used or threatened to be used in a way that will cause death or great bodily harm.

Punishment for Home-Invasion Robbery without a Deadly Weapon or Firearm

Home-invasion robbery is classified as a level 8 crime under the Florida Criminal Punishment Code. It is a first-degree felony punishable up to 30 years in prison with a $10,000 fine.

Punishment for Home-Invasion Robbery with a Deadly Weapon

This crime is a level 9 crime under the Florida Criminal Punishment Code. It is a first-degree felony punishable up to 30 years in prison and a $10,000 fine.

Punishment for Home-Invasion Robbery with a Firearm

This crime is ranked 10 out of 10 under the Florida Criminal Punishment Code. It is punishable up to life in prison and there is a minimum of a 10 year prison sentence just for the possession of the gun under Florida’s 10-20-Life statute.

The Law Office of Roger P. Foley, P.A.

This crime is extremely serious. Prosecutors and police will be aggressively working these types of cases. Our attorneys will help investigate your case. Our attorneys will find out what evidence the prosecutor has against you. We will then inform you of your options on how to proceed with the case. We can take the case all the way to trial, if necessary.

It is important for you to carefully pick the attorney to handle your case. Call today for a free consultation with one of our attorneys.

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