Tampa Home Invasion Robbery Attorney
When a person’s home is robbed it is an emotionally-charged issue because on top of losing their belongings, their sense of privacy and safety is gone. There is a need to catch a suspect to ease their worries and sometimes that results in the wrong person being accused. If you have been accused of home-invasion robbery, you will need an experienced lawyer by your side. The Tampa criminal defense lawyers at All Family Law Group are well experienced to provide advice, protect your rights in a probable cause hearing, and if necessary, represent you in the courtroom.
Home-Invasion Robbery Laws in Florida
Florida Statute 812.135 defines home-invasion robbery as, “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.” If an individual carries a firearm or deadly weapon during the home-invasion it is classified as a felony of the first degree and can be punished with up to, but not exceeding, life imprisonment. If the individual does not carry a deadly weapon into a residence they are trying to rob, it is still a felony of the first degree, but the punishment can not exceed 30 years in prison. All first degree felons can be ordered to pay a fine of up to $10,000.
The Accuracy of Witness Statements
There are numerous mistakes that can be made in a case of home-invasion robbery that lead to the wrong person being charged. Many cases rely heavily on eyewitness statements. Witnesses to a crime are in an emotional state and could be fearing for their lives. They may think they can pick out the robber from a line of suspects, but often their memory is not as clear. An article, Factors Affecting the Accuracy of Eyewitness Identification, lists nine different factors that can influence the accuracy of an eyewitness statement. They include:
- Exposure time – length of time the robber’s face is visible;
- Delay – the time between seeing the culprits and being able to identify them;
- Attention and arousal – how upset a person is can influence their ability to identify a person;
- Weapon focus – if weapons are involved they become the focus of attention;
- Age, degree of certainty – teenagers from 14- 17 are the best at identifying faces while accuracy decreases significantly as people age;
- Suggestive questioning and biased lineups – it is possible for people to be asked biased questions throughout the investigation;
- Sex differences – females recall female faces more accurately and men recall male faces more accurately; and
- Own-race bias – people are less likely to falsely accuse someone of their own race.
If You are a Suspect, Contact a Home-Invasion Robbery Lawyer
Cases of home-invasion robbery can be won on circumstantial evidence alone. A Tampa home invasion attorney who has experience in home-invasion cases can properly investigate your situation and fight for your legal rights. Call us at 813-672-1900 or email us to schedule a free consultation to discuss the circumstances of your case and the options available to you. We will get back with you at our earliest opportunity!