How is a Home Invasion Robbery Different from Other Types of Robbery Cases in Florida?
Under the Florida Statutes, Chapter 812 includes a range of criminal offenses that can be charged in relation to crimes of theft and robbery. Within this chapter, there are different types of robbery charges that a person can face, depending on the location where the robbery is committed and the manner, in some cases, in which the robbery is committed. In addition to the broader offense of robbery, there are separate charges for what Florida law recognizes as specific types of robbery, including “robbery by sudden snatching,” carjacking, and home-invasion robbery. How does the general offense of robbery differ from the offense of home-invasion robbery? Our Tampa robbery defense lawyers can explain in more detail, and we are here to speak with you today about the charges you are facing in order to begin working on your defense.
Understanding Robbery Charges in Florida
Under Section 812.13 of the Florida Statutes, the offense or robbery can be charged in relation to “the taking of money or other property . . . from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property,” and “when in the court of the taking there is the use of force, violence, assault, or putting in fear.”
Unlike theft-related offenses that involve the types of taking described above, robbery involves the added element of a taking that involves “the use of force, violence, assault, or putting in fear.” Accordingly, it is a more serious offense than theft-related offenses. Robbery without a firearm, deadly weapon, or other weapon is a felony of the second degree. If a weapon is involved, then the offense is charged as a felony of the first degree.
What Makes Home-Invasion Robbery Distinct From a Robbery Charge?
Under Section 812.135, the offense of home-invasion robbery is a more serious offense than the more general offense of robbery as described above. Even in home-invasion robbery where the person does not carry a firearm, deadly weapon, or other weapon, this offense is nonetheless a felony of the first degree. If a weapon is carried, then the person can face up to life imprisonment.
What makes a robbery a home-invasion robbery? According to the statute, it means “any robbery [as defined above] that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.”
Contact a Tampa Criminal Defense Lawyer to Seek Advice When You Are Facing Charges for Home Invasion Robbery in Florida
Were you recently arrested and charged with home invasion robbery or another type of robbery or theft-related offense under Florida law? There are multiple types of robbery charges in Florida, and home invasion robbery is among the most serious. The charges you are facing could result in severe penalties if you are convicted. As such, it is crucial to begin working with an experienced Tampa home invasion robbery defense attorney at the Law Offices of Daniel J. Fernandez, P.A. as soon as possible to develop a defense that is tailored to the facts of your case. Contact our firm today to begin working with a lawyer and to do everything possible to avoid a robbery conviction in Florida.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.135.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.13.html
