Florida statute deems home invasion a serious felony offense. Home invasion robbery, following Florida Statutes Section 812.135, is breaking into a dwelling house or property with the purpose and intent to commit a robbery and doing so once inside. Armed or not, this is a serious crime either way.
The offense revolves around two areas: illegal entry and use of force or threat to use force in order to obtain property. Unlike burglary, which is possible if the house is unoccupied, home invasion involves direct confrontation with the residents.
Particularly when they happen on shared property, cases like these can result in complicated legal fallouts. That’s when civil instruments like a partition action Florida come into use. Partitions may be required to split or sell the house if co-owners are involved, and it becomes a legal or personal liability
Penalties for Home Invasion in Florida
Home invasion is a first-degree felony. In the case where an individual commits a home invasion without any weapon, the possible punishment is up to 30 years in prison and a fine of $10,000.
And if the intruder is armed with a deadly weapon or gun, that escalates the stakes even further. That makes the offense a life felony, which can be punished by a maximum of life imprisonment. And under the 10-20-Life Law in Florida, a minimum mandatory sentence applies if a gun is fired.
Here’s the way it is broken down:
- If the gun is present during the burglary, a minimum of 10 years
- If the gun is discharged, a minimum of 20 years
- If discharge injures or kills someone: 25 years to life
Judges have little discretion with these minimums. Prosecutors never hesitate to request maximum possible sentences in these situations.
Key Legal Concepts: Dwelling and Intent
The meaning of dwelling does matter. Florida law defines it as any type of residence: house, apartment, mobile home, etc., occupied or vacant. An intent to steal must precede entry, not be manufactured after the breaking. It is the intent to steal beforehand that makes home invasion a crime different from other crimes against property.
What Prosecutors Must Prove
To find a defendant guilty of home invasion robbery in Florida, the prosecutor has to prove:
- The defendant entered a dwelling illegally
- They intended to rob before they entered
- A robbery did occur within
- Force, threat, or assault was utilized in the course of the act
If any of these elements can’t be proven, the defense may quite possibly have the charge reduced or dismissed altogether.
Defenses to a Home Invasion Charge
There are several legal defenses, depending on the case. These include:
- Mistaken identity
- No intent to rob
- Consent to enter the house
- False allegations
Self-defense is also arguable, especially in complex domestic relationships. But it’s a tough case and will need solid evidence to support it.
How This Crime Impacts Property Rights
A home invasion case can have spillover effects outside the criminal case, particularly where property ownership or rights are at issue. In Florida, when there is joint ownership of property by two or more individuals and one of them commits or becomes the victim of a home invasion, this can affect decisions regarding the future use or distribution of the property.
Assume that two brothers share a house as co-owners and one of them commits a serious crime on the property. The other can sue for a partition action in Florida to force a sale or lawfully remove their interest in the property.
Using a Partition Action in Florida After a Crime
A partition action in Florida allows single co-owners of real estate to ask the court to sell or divide the property if the co-owners cannot agree on what to do with it. Partition actions are commonly used in civil matters, like divorces or disputes over an inheritance, but may prove useful following a criminal case, like a home invasion of one owner.
So, as a co-owner of a property, if someone else’s criminal activities have made the joint property insecure or unsafe, a Florida court filing of a partition action may be your legal and tidy way out.
Conclusion
Home invasion in Florida is aggressively pursued and carries life-altering ramifications. It’s a high-penalty, high-stakes crime with zero tolerance on the part of the courts. But beyond the criminal prosecution, the effect has a way of permeating family, property, and civil law, as in the case of a joint title to property.
If you or someone close to you is experiencing repercussions from a home invasion, either criminally or otherwise, it is crucial to speak with an attorney. Understanding your Florida partition action law options can help you protect your rights and move forward.
