Orlando Home Invasion Attorneys

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Another offense for which a life imprisonment sentence can be imposed is “home invasion.” Another statutory offense that did not exist at Common Law, this offense is proscribed by FSS 812.135, below:

(1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery, the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the home-invasion robbery, the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the home-invasion robbery, the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Strong Criminal Defense in Florida

Few offenses are more universally condemned than “home invasion.” It involves a burglary of an occupied dwelling, using a weapon to harm or threaten, and usually includes the commission of other crimes, including theft or battery. It can be punishable by life imprisonment. 

Never allow yourself to be “interviewed” by the police about such an incident. Seek experienced counsel from a Central Florida Criminal Defense Attorney. Call one of our two locations at 407 743 8430 for a prompt and free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.

FAQs About Home Invasion in Florida

Home invasion occurs when a person enters an occupied dwelling without permission and commits a crime inside. The following are answers to commonly asked questions about home invasion in Florida.

How Does Home Invasion Differ from Burglary?

Both home invasion and burglary involve unlawful entry. The key distinction is the presence of occupants. While burglary may involve breaking into an empty home, business, or garage, home invasion involves direct confrontation with people inside the dwelling. This makes it a more serious offense under Florida law.

Is Home Invasion a Federal Crime?

Home invasion is primarily prosecuted under Florida law. However, certain circumstances could lead to federal charges. For example, federal prosecutors may get involved if the crime targeted a federal employee or involved using a firearm in the commission of a federal offense.

Can I Be Charged with Home Invasion If I Did Not Steal Anything?

Yes. Theft is not required for a home invasion to occur. If you unlawfully entered a home while someone was inside it and committed any crime, you could face home invasion charges.

What If I Was Invited to a Home But Later Accused of a Crime?

An invitation to the home could be a defense against the unlawful entry element of a home invasion charge. However, if you are accused of committing a crime after entering the home, such as assault or robbery, you could face other charges.

Can I Be Charged with Home Invasion If the Dwelling Was Abandoned?

No. Under Florida law, the home must be occupied at the time of entry for home invasion to occur. If the home was abandoned or vacant, the charge would likely be burglary.

What Are the Penalties for a Home Invasion Conviction in Florida?

Home invasion carries harsh penalties, which are even more severe if a weapon is involved. Home invasion without a weapon is a first-degree felony, punishable by up to 30 years in prison and fines of up to $10,000. With a weapon, a home invasion is a first-degree felony punishable by life in prison. When a home invasion involves the use of a firearm, it is subject to Florida’s 10-20-Life law. This means a mandatory minimum of 10 years for possession of the firearm, 20 years for its discharge, and 25 years to life if someone was injured or killed.

Are Penalties Enhanced If a Child Was Present During a Home Invasion?

If a child was present, the court might impose harsher penalties, particularly if the child was injured, threatened, or emotionally traumatized. This could lead to additional charges such as child endangerment or child abuse.

Are Home Invasion Charges Eligible for Plea Deals?

In some cases, a plea deal may be possible. Prosecutors take home invasion charges seriously, particularly when a weapon is involved. However, if there are weaknesses in the prosecution’s case, a plea deal for a lesser charge, such as burglary or trespassing, may be possible. An experienced criminal defense lawyer can negotiate on your behalf to reduce charges or minimize penalties.

Can a Home Invasion Charge Be Sealed or Expunged in Florida?

Generally, the answer is no. Home invasion robbery is a first-degree felony and among the offenses ineligible for expungement or sealing, even if adjudication is withheld. If you are convicted or plead guilty or no contest to a home invasion robbery charge, you cannot have the record sealed or expunged.

However, you may be eligible to have the record expunged if the charge is dismissed or dropped or you are acquitted. Eligibility under these circumstances requires that you have no prior convictions and have not previously had a record sealed or expunged.

What Are the Long-Term Consequences of a Home Invasion Conviction?

In addition to severe criminal penalties, including lengthy prison terms and steep fines, a home invasion conviction can have consequences that significantly impact your future prospects, including the following:

A permanent criminal record that makes finding employment and housing difficult
Loss of civil rights for a felony conviction, including the rights to vote and own firearms
Damage to personal and professional relationships
Potential deportation for non-citizens

What Are the Legal Defenses Against Home Invasion Charges?

The applicable legal defenses will depend on the specific circumstances of your case. The following are some possible defenses against home invasion charges:

Mistaken identity: If the prosecution has no clear evidence placing you at the scene, mistaken identity could be a defense. Eyewitness misidentifications are common in criminal cases.
Consent: If you had permission to enter the home, it was not a home invasion, and the prosecution must prove otherwise.
Lack of evidence: The burden is on the prosecution to prove you committed the crime beyond a reasonable doubt.
Alibi: Evidence showing you were elsewhere at the time of the alleged crime could lead to dismissal of the charges.
Lack of intent: If you entered a home without criminal intent, for example seeking help or believing you had permission, your actions may not qualify as a home invasion.
Emergency or necessity: If you entered the home because of an emergency, such as fleeing imminent danger or seeking medical assistance, it may not be considered a criminal act.
Self-defense or defense of others: If you entered the home in response to a perceived immediate threat or to protect another from harm, self-defense or defense of others could be a valid argument. It could also be a defense if you were lawfully present in the home and acted in self-defense against an aggressor.
Coercion or duress: It could serve as a defense if you were forced to participate in a home invasion under threat of harm to yourself or a loved one.
Police misconduct: If witnesses were coerced, evidence was fabricated, or your rights were otherwise violated, the charges against you could be challenged.
Constitutional rights violations: If law enforcement conducted an illegal search and seizure or interrogation, any evidence unlawfully obtained could be suppressed.

What If I Was Under the Influence During an Alleged Home Invasion?

Being intoxicated or under the influence of alcohol or drugs is not a valid defense to home invasion charges. However, if you were involuntarily drugged or impaired to the point of being incapable of forming intent, your attorney may argue a lack of criminal intent as a defense.

What If the Alleged Victim Knew Me and Is Falsely Accusing Me?

False accusations can happen, particularly in situations involving personal disputes. If the alleged victim has a motive to lie, such as a past conflict or an attempt to gain leverage in a legal matter, your attorney can present evidence challenging that person’s credibility.

Can a Minor Be Charged with Home Invasion in Florida?

A juvenile can face home invasion charges in Florida. Depending on the severity of the crime, and particularly if a weapon was involved, a minor 14 years of age or older who has been previously adjudicated delinquent for a serious felony may be tried as an adult. Juveniles who are tried and convicted as adults face the same criminal penalties as adults.

How Does Florida’s Stand Your Ground Law Impact Home Invasion Situations?

Under Florida’s Stand Your Ground law, individuals can use deadly force without a duty to retreat if they reasonably believe it is necessary to prevent great bodily harm, imminent death, or the commission of a forcible felony, such as a home invasion. A homeowner or occupant who uses force against an intruder may be protected from criminal prosecution and civil liability under this law. However, the use of force must be justified. The person using the force must be lawfully present in the home and must not have provoked the confrontation.

What Should I Do If I Am Arrested for Home Invasion?

If you are arrested for home invasion, do not resist arrest, even if you believe you are innocent, as it can lead to additional charges. Remain silent. Anything you say can and will be used against you. Request an attorney immediately, and do not answer police questions without legal representation. Do not discuss your case with family, friends, or on social media.

What Are the Elements of the Crime of Home Invasion Under Florida Law?

The burden of proof is high in home invasion cases. When the prosecution succeeds in obtaining a conviction, it is by using forensics, witness statements, and circumstantial evidence to prove their case. The prosecution must prove the following elements beyond a reasonable doubt:

Unlawful entry: The defendant entered the dwelling without permission or by deception, intimidation, or force.
Occupied dwelling: The home or dwelling was occupied at the time of entry.
Intent to commit a crime: The defendant intended to commit robbery, assault, or another serious felony offense inside the home.
Commission of a crime: The defendant actually committed a felony while inside the dwelling.

How Can a Criminal Defense Attorney Help?

If you have been arrested and charged with home invasion, your best chance of obtaining the most favorable outcome is to have an experienced criminal defense attorney handling your case. Our skilled team can help in the following ways:

Thoroughly investigate the case to uncover weaknesses or inconsistencies in the prosecution’s evidence
Challenge an illegal search or arrest if law enforcement violates your rights
Build a strong defense strategy based on the facts and evidence
Negotiate a plea deal to reduce charges or penalties
Represent you in court and aggressively fight for your acquittal

Why Choose Us for Criminal Defense Against Home Invasion Charges?

Home invasion is a serious crime in Florida. It carries severe penalties, possibly including life in prison if a weapon was involved. Choosing the attorneys to defend you against these charges will be one of the most important decisions you make.

Our top priority at The Defense Group is protecting your freedom and your family. Our seasoned trial attorneys have more than 100 years of combined experience. We believe everyone has a right to a fair trial and to maintain innocence until proven guilty. We are here to aggressively defend you against the charges and to negotiate with prosecutors as appropriate.

Our firm offers a free consultation. If you are facing home invasion charges, call us today at 407-743-8430.