Re: Is This A Home Invasion
You appear to be referring to this statute:
Quote:
Quoting Florida Statutes § 812.135 Home-invasion robbery
(1) "Home-invasion robbery" means any
robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.
(2)
(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida defines "robbery" as "the taking of money or other property which may be the subject of larceny 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, when in the course of the taking there is the use of force, violence, assault, or putting in fear." (Florida Statutes § 812.13)
Re: Is This A Home Invasion
Quote:
Quoting
aaron
You appear to be referring to this statute:
Florida defines "robbery" as "the taking of money or other property which may be the subject of larceny 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, when in the course of the taking there is the use of force, violence, assault, or putting in fear." (Florida Statutes § 812.13)
So if no force was used then is not home invasion right?
Re: Is This A Home Invasion
The statute, I think, speaks for itself. It is possible to commit a burglary without its being a home invasion.
Re: Is This A Home Invasion
Quote:
Quoting
aaron
The statute, I think, speaks for itself. It is possible to commit a burglary without its being a home invasion.
Thanks for the answers aaron, I apreciate the help.
Re: Is This A Home Invasion
This exact thing happened to me while living in Delray Beach, FL. I had a bike stolen from a 2nd floor balcony – they cut my screen. The cop said it wasn’t considered burglary because the criminal didn’t break into an air conditioned space. So, he classified it as theft.