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  1. #1
    Join Date
    May 2007
    Posts
    5

    Question What is a Home Invasion

    The state is Florida

    OK, this is the situation:

    The apartments here have a front porch. On 2 sides, the porch have the apartment walls. On the other two, is enclosed by screens. To enter the porch, there is a screen door. This door has a lock but can only be locked/unlocked from the inside. When you leave, you have to leave your porch open.

    So, if somebody enters the porch and stole items from it, is it considered a home imvasion? Does it affect if there were residents inside the apartment at the time? What type of charges can apply on this case? And finally, what changes if the person in question is a juvenile?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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)

  3. #3
    Join Date
    May 2007
    Posts
    5

    Default Re: Is This A Home Invasion

    Quote Quoting aaron
    View Post
    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?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  5. #5
    Join Date
    May 2007
    Posts
    5

    Default Re: Is This A Home Invasion

    Quote Quoting aaron
    View Post
    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.

  6. #6
    Join Date
    Jul 2007
    Posts
    1

    Default 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.

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