Home Invasion Robbery
The crime of home invasion robbery is taken very seriously in the state of Florida. In court, it is always classified as a felony. Sentences for this offense can be harsh, including huge fines and decades spent in state prison. If you have been charged with home invasion robbery, you are likely worried about having to face these consequences. Sarasota theft lawyer Erika Valcarcel understands that this accusation can be devastating. With time in her career spent as both a prosecutor and a defender, she can anticipate the prosecution’s strategy in order to craft a winning defense. Whether it involves evaluating proper police procedure or conducting an independent investigation, attorney Valcarcel will work tirelessly to help you avoid time behind bars.
Call (941) 363-7900 today to see how your charges can be reduced or eliminated, if possible.
Defining Home Invasion Robbery
According to Florida Statute Section 812.135, this offense is described as a person entering a dwelling with the intent to illegally take money or other property and then actually carrying out the robbery. In addition, this crime involves stealing valuables through the use of violence, assault, force, or threat. Unlike burglary, robbery entails actually committing a crime once the premises have been illegally entered.
The home invasion aspect of this crime takes the form of the assailant bursting into the residence. They use the element of surprise to quickly take control of the home and its occupants. In many cases, firearms, knives, and other weapons are used to intimidate or injure. Those within the residence might also be restrained with rope or duct tape before the true robbery begins.
Penalties and Collateral Consequences
Home invasion robbery is always filed as a felony, but penalties vary depending on the severity of the crime. If the robbery was conducted with a deadly weapon, such as a firearm, the crime is filed as a life felony, whereas a crime committed with a normal weapon is classified as a first-degree felony. Strangely, committing this crime with no weapon also results in a first-degree felony charge. Criminal penalties for home invasion robbery include, but are not limited to:
- First Degree Felony: A fine of up to $10,000 and up to 30 years in prison
- Life Felony: A fine of up to $15,000 and up to life in prison
There are also consequences that can follow you long after you have served your time. Finding a job, for example, might be all but impossible. Few employers jump at the chance to hire someone with a criminal record. Your attempts to continue your education might also be stifled. Most colleges and universities thoroughly vet applicants before admitting them. What’s more, most scholarships are off-limits to those with conviction histories.
Let Valcarcel Protect Your Freedom
Accusations involving home invasion robbery are among the most difficult to defend. However, there are tactics that a skilled lawyer can use to get your charges wiped out. One of the most effective strategies is claiming that you have been misidentified as the perpetrator. Eyewitness testimony is notoriously unreliable, and it is entirely possible that you were a victim of mistaken identity. It might also be the case that you are being falsely accused by someone who has something to gain. Perhaps the supposed victim wants to sue you for damages, or maybe they have a personal vendetta against you.
A home invasion robbery charge can have a negative impact on every aspect of your life. Your family might not be able to survive if you are sent to prison, and starting a career once you are released can be nearly impossible. Sarasota theft lawyer Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A. realizes that this accusation can uproot everything you have worked so hard to establish. She believes that the key to eliminating your charges is listening to your side of the story and gathering all the relevant evidence. Once all of the details have been acquired, she’ll fervently argue on your behalf and will present your case in the best possible light.
Call (941) 363-7900 to schedule a free and confidential consultation.