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Florida home invasion robbery laws and penalties

Florida residents may be interested in some information about what a home invasion robbery is as far as the law is concerned. Depending on the specific type of robbery, the potential prison sentencing can change with increasing severity and duration.

In order for a crime to be classified as a home invasion robbery, certain requirements must be met. First, the person charged with the crime must enter the home of another person. They must do so intending to commit theft against the occupant's home or person and must actually go through with that robbery. In all cases, a charge of theft by home invasion robbery is a first-degree felony, though depending on the circumstances, the available sentences may vary.

The law distinguishes three types of home invasion robberies. The first is when the person committing the robbery carries with them a firearm or other weapon. The second involves carrying a weapon that is not a firearm. The third type of home invasion robbery does not involve carrying a weapon at all. For the first type, the sentence can be for any number of years but cannot include life in prison. The second and third types of home invasion robbery, however, have a limited sentence of 30 years in prison.

The prison terms that accompany these charges can have long-term consequences for a person's life beyond just the prison time. Failure to mount an appropriate defense against these charges might lead to a criminal conviction. An attorney with knowledge of criminal defense may be helpful in defending against theft or shoplifting charges, from the initial stages all the way through plea bargaining and the trial, if necessary. The attorney may also be helpful in explaining and protecting a person's rights against abuse by the authorities during the entire process.

Source: The 2014 Florida Statutes, "Chapter 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS," Accessed on Jan. 26, 2015

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Andrew M. Coffey has been recognized as a Board Certified Civil Trial lawyer by the Florida Bar. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

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