Justia Lawyer Rating
Super Lawyers
The National Trial Lawyers
Avvo Rating

Home Invasion Robbery

Home invasion is the most serious crimes in Florida, and in many cases is punishable by a potential prison sentence of life. Home invasion combines the elements of burglary of a dwelling and robbery, which are already first-degree felonies on their own. Anyone charged with or being investigated for home invasion robbery in Florida should contact a skilled an experienced criminal defense lawyer immediately. Never speak to police about a case where you may be a suspect, and request the presence of an attorney before law enforcement begins their questioning. Florida law allows police to question juvenile defendants without their parent’s knowledge or permission, but juveniles have the same right to invoke counsel as adults. Once a lawyer is requested police must end their questioning immediately, and there are no exceptions to this rule. Benjamin Herbst is a South Florida criminal lawyer who specializes in home invasion robbery cases. He is available 7 days a week to discuss your case or your juvenile’s case, and has a flexible meeting schedule in his Fort Lauderdale and West Palm offices. Benjamin represents clients charged with home invasion in Miami-Dade, Broward, and Palm Beach County, and is also an experienced St. Lucie County and Martin County criminal defense lawyer. Call Benjamin today at (954) 543-0305 and learn what defenses may be available in your case.

Under Florida law any person who is accused of entering a dwelling with the intent to commit a robbery can be charged with home invasion. The robbery must actually occur for home invasion charges to stick. A defendant who attempts to commit a robbery but flees the scene can still be charged with first-degree burglary and attempted robbery, but not home invasion. A defendant who commits home invasion robbery with a firearm or other deadly weapon faces life in prison. Juvenile defendants charged with home invasion have a high likelihood of having their cases direct filed to adult court, and could face the same harsh maximum penalty. If a non-deadly weapon is used or present, the defendant will still face up to 30 years in prison. The maximum penalty is also 30 years if no weapon was used or present, but possessing a weapon will result in an enhanced score on the sentencing guidelines. Florida has extremely broad definitions for what constitutes a deadly weapon versus a non-deadly weapon, and police and prosecutors will likely charge the higher offense when there is doubt.

There are a host of defenses available to any defendant facing home invasion charges, but perhaps the strongest will be that the state did not adequately identify the defendant. As in all violent crimes, victims have a hard time remembering the details, and are sometimes pressured into identifying a suspect by law enforcement. Victims and police want closure, and therefore may be biased when looking at photo lineups or in-person lineups. Benjamin Herbst is a South Florida home invasion lawyer who has successfully argued numerous identity issues at trial or in motions to suppress. He fights tooth and nail for all clients facing criminal charges in the Tri-County area and along the Treasure Coast of Florida. He specializes in defending juveniles and has extensive experience representing young defendants in violent criminal cases. He knows the stakes are high and does whatever it takes to protect his client’s futures. Benjamin provides all clients with his cell phone number, and takes great pride in being available at all times to answer questions or provide updates on the case. He will also fight to secure reasonable conditions of release at bail review for any client facing home invasion robbery charges. Call Benjamin today and start protecting your rights and your future.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.