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Home Invasion Robbery in Tampa, FL

Contact a criminal defense attorney in Tampa, Hillsorough County, FL, for more information about fighting the serious felony charge of Home Invasion Robbery (often called "home invasions"). The attorneys at the Sammis Law Firm are experienced in representing clients in serious felony offenses prosecuted in Circuit Court in Hillsborough County, FL, including burglary and robbery charges.

Florida Statute 812.135 for Home Invasions

Home Invasion Robbery under Florida Statute 812.135 has three elements. At trial, the prosecutor with the State Attorney's office must prove each and every one of these elements beyond all reasonable doubt, including:

  1. The Defendant entered the dwelling of the victim;
  2. At the time the defendant entered the dwelling, he intended to commit robbery;
  3. While inside the dwelling, defendant did commit robbery.

Home-invasion robbery is a robbery that occurs when the defendant enters a dwelling with the intent to commit a robbery and commits a robbery of the occupants in the dwelling. If in the course of committing a home-invasion robbery the defendant carries a firearm or other deadly weapon, the defendant commits a felony of the first degree punishable by life. If the defendant carries a weapon, the defendant commits a felony of the first degree.

Definitions Related to Robbery in Florida

For the criminal offenses of robbery and home invasion robbery, the following definitions apply:

The term "dwelling" is defined to mean a building or conveyance of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.

Home Invasions with a Weapon, Deadly Weapon or Firearm

If the jury finds that the Defendant not only committed the crime of home-invasion robbery, but carried some kind of weapon, or a deadly weapon or a firearm during the "course of committing the home-invasion robbery” then certain enhanced penalties apply.

Lesser Included offense of Home Invasion Robbery

Lesser included offenses to Home Invasion Robbery under Florida Statute Section 812.135 include:

  • Robbery with a weapon - 812.13(2)(b)
  • Robbery - 812.13(2)(c)
  • Burglary - 810.02(4)
  • Aggravated Battery - 784.045
  • Battery - 784.03
  • Aggravated Assault - 784.021
  • Assault - 784.011
  • Attempt - 777.04(1)
  • Burglary - 810.02(3)
  • Trespass - 810.08
  • Petit Theft - 812.014(3)(a) or 812.014(2)(e)

Finding an Attorney for Home-Invasion Robbery Charges

If you were charged with home-invasion robbery or another related theft crimes then contact an attorney at the Sammis Law Firm to discuss the particular facts and circumstances of your case.