Legal Question in Criminal Law in Florida
In Florida 3 armed men break into a home and rough up a home dweller. They leave without taking anything and without causing serious injury. What crime has occurred? Assault or Home Invasion?
Asked on 2/01/12, 9:53 pm
2 Answers from Attorneys
Don Waggoner
Don Waggoner Law, P.A.
Home Invasion, armed burglary, armed battery. Not good stuff.
Answered on 2/02/12, 2:00 am
Burt Stutchin
Harris & Stutchin
I disagree with the prior answer as to the home invasion. Home invasion is a robbery statute. Under the hypothetical, there was no forcible taking of anything of value. Therefore, this would be an armed burglary and an armed battery and a possession of weapons, but I do not see this as a home invasion robbery.
Answered on 2/02/12, 9:00 am
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