The Law Offices of Elaine E. Lukic
20 Years Experience
Former domestic violence & sex assault prosecutor
Free Consultation 24/7
Toll Free: 800-478-8859
Menu Contact
"The Highest Rate Of Acquittals and Dismissals" — Equal Justice Foundation

Defending against a charge of home invasion in Florida

Florida is one of the few states in the country that lists home invasion as a distinct crime, separate from other types of ordinary breaking and entering charges.

Because of the nature of a home invasion -- the very idea of which terrifies many people -- you face a stiff sentence if you're convicted.

Home invasion is the illegal entry into an occupied dwelling place with the express intention of committing a robbery while you are there. Home invasions are rarely committed by an individual acting alone, and weapons are often used to intimidate or subdue the victims.

Victims are often chosen either because they make easy targets, like the elderly, or because they're believed to have significant amounts of cash and valuables on hand.

The penalty for a home invasion if you're carrying a firearm when the incident occurs can be life in prison. That makes it especially important to understand how to get your defense off on the right footing. You don't want to make it easy for the prosecution.

In order to prove a home invasion charge, the prosecution has to prove not only that you entered the building, but that you also did so with the express purpose of robbing the occupants and then did so.

It's possible for a good defense attorney to challenge the forensic evidence gathered as well as eyewitness evidence. Forensics can be sloppy or hastily gathered and eyewitness accounts can be unreliable. It's also possible to charge the motive assigned to your actions. You may have believed, for example, that you were only going to the residence to visit friends -- with no idea what was about to happen next. Or, your friends may have convinced you to come along while they "collected" some money they were due, never telling you that you'd just been recruited for a home invasion.

If you're charged with a felony home invasion, don't wait -- seek legal help immediately.

Source:, "Title XLVI Chapter 812.135 Home-invasion robbery," accessed June 01, 2017

No Comments

Leave a comment
Comment Information

Learn How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email us for a response

Palm Beach Gardens Office
Village Square Professional Park
800 Village Square Crossing
Palm Beach Gardens, FL 33410

Toll Free: 800-478-8859
Phone: 561-656-2024
Fax: 561-656-2041
Map & Directions

Lakewood Office
200 Union Blvd
Lakewood, CO 80228

Toll Free: 800-478-8859
Phone: 303-809-3425
Fax: 303-569-2233
Map & Directions

Frisco Office
307 Main Street
Frisco, CO 80443

Toll Free: 800-478-8859
Phone: 970-668-3222
Fax: 303-569-2233
Map & Directions