Miami Home Invasion Defense Attorney

The crime of home invasion is a felony under state law. Home invasion – robbery is a criminal offense solely in purview of Florida state law. Home invasion is an illegal and forceful entry to an occupied, private dwelling with violent intent to commit a crime against the occupants, such as robbery, assault, rape, murder or kidnapping.

Under Florida State law, home invasion is characterized as “home invasion robbery” and is any robbery that occurs when one enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

To be convicted under Florida state law of home invasion, the state must prove, beyond a reasonable doubt, that: 1. the defendant entered the dwelling of the victim; 2. at the time the defendant entered the dwelling, and he or she intended to commit a robbery; and 3. while inside the dwelling, the defendant did commit robbery. Click here to learn more about the offense of robbery.

Conviction of this offense if the defendant did not carry a weapon of any sort in the commission of the home invasion, is a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 30 years. If during the commission of the home invasion, the defendant carried a weapon, it is a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 30 years. If during the commission of the home invasion, the defendant carried a deadly weapon, it is a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or any term of imprisonment not to exceed life.