A Florida Home Invasion Robbery Attorney Explains What’s at Stake and How Private Legal Defense Can Make All the Difference

Entering someone’s home without permission is already a serious matter in Florida, but when the allegation involves robbery, especially with a weapon, the stakes rise drastically. As a Florida criminal defense attorney who handles these types of high-stakes felony charges, I’ve seen how quickly a misunderstanding, false identification, or flawed investigation can lead to someone facing decades in prison. If you’re accused of home invasion robbery, whether armed or unarmed, you need to understand the differences in penalties and how the right legal defense can protect your future.

Let me walk you through the law, the punishment differences, and how I’ve successfully defended clients in cases like these.

Understanding Florida’s Home Invasion Robbery Law

Under Florida Statutes § 812.135(1), home invasion robbery is defined 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.”

This is not a simple theft or burglary charge. This is a first-degree felony whether the person is armed or not. However, the punishment is significantly more severe when a weapon or firearm is involved.

Armed Home Invasion Robbery: What the Law Says

According to § 812.135(2)(a), if the accused was armed with a firearm or other deadly weapon during the home invasion robbery, it is a first-degree felony punishable by life in prison. The statutory language reads:

“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.”

Notably, the state does not have to prove that the weapon was discharged. Simply carrying a weapon or firearm during the act is enough to trigger enhanced penalties. Florida’s 10-20-Life law also applies, which means:

  • A minimum of 10 years for possessing a firearm,
  • 20 years for firing it,
  • 25 years to life if someone is injured or killed.

Unarmed Home Invasion Robbery: Still a First-Degree Felony, But Not Life

Under § 812.135(2)(b), when a person commits home invasion robbery without a firearm or weapon, it is still a first-degree felony, but the maximum sentence is 30 years in prison, not life. The statute states:

“If the person does not carry a firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable by a term of years not exceeding 30 years.”

While 30 years is an incredibly harsh punishment, the absence of a weapon can sometimes open the door to more favorable plea negotiations or sentence reductions.

Why You Need a Florida Home Invasion Robbery Attorney

Whether the case involves a weapon or not, the prosecution will likely pursue the harshest charge possible. As a private criminal defense attorney, I don’t wait around for a plea offer to come in the mail. I get ahead of the evidence, challenge what the prosecution says happened, and look for every opportunity to have charges dismissed, reduced, or thrown out.

I’ve handled dozens of cases where early involvement changed the entire outcome. From examining bodycam footage to identifying procedural violations, there’s a level of intensity and focus that private counsel brings that public defenders often can’t match due to caseloads.

Real Case Example: Armed Home Invasion Allegation Dismissed Pre-Trial

I represented a young man who was accused of committing an armed home invasion robbery in Central Florida. The homeowner identified him as one of the intruders who had entered the residence and stolen money and personal property. The police arrested my client based solely on this identification and the fact that he had once dated a relative of the homeowner.

The prosecution claimed my client had a firearm and used that allegation to justify seeking life in prison. We immediately demanded all bodycam and surveillance evidence. Through aggressive pre-trial discovery, we uncovered inconsistencies in the homeowner’s account and located security camera footage from a neighboring residence that showed my client across town at the time of the incident.

Additionally, fingerprint evidence from the crime scene didn’t match my client. We filed a motion to dismiss and prepared to go to trial. Before the hearing, the prosecution reviewed the evidence and dropped all charges.

This case is a powerful reminder that when the government is accusing you of something that can cost you your freedom for life, you need someone focused on your defense—not just the next plea deal.

Legal Defenses to Home Invasion Robbery Charges

As a Florida Home Invasion Robbery Attorney, I explore every defense based on the facts and the specific charge. Some of the strongest defenses include:

Mistaken Identity

Home invasion robberies often happen quickly, under high stress, and in poor lighting. Mistaken identity is a leading cause of wrongful convictions. I work with forensic and visual experts when needed to challenge faulty eyewitness testimony.

Lack of Intent

The prosecution must prove beyond a reasonable doubt that you entered the home with the intent to commit a robbery. If you were invited in, or if the entry was lawful but the accusation arose from an argument or false claim, we can argue lack of intent.

No Weapon Present

In armed cases, the state must prove you had a firearm or deadly weapon. If they can’t show that, the charge can potentially be reduced to the unarmed version—or dismissed entirely if other evidence is lacking.

Illegal Search or Arrest

If police conducted an unlawful search or detained you without probable cause, I can challenge the evidence through a suppression motion. If the judge agrees, key evidence could be thrown out.

Alibi or Exculpatory Evidence

If we can prove you were somewhere else, or if another person confesses or is caught on surveillance, I will fight to get the case dismissed before trial.

Additional Florida Statutes That May Impact Your Case

  • § 775.087 – Florida’s 10-20-Life statute, which adds mandatory minimums when a firearm is used during certain felonies, including home invasion robbery.
  • § 810.02 – Burglary statute, which may be charged in combination if the state argues there was unauthorized entry.
  • § 921.0022 – Florida’s Criminal Punishment Code offense severity ranking, which places armed home invasion robbery at the highest level.

The Stakes Are Too High To Leave to Chance

A public defender may be well-intentioned, but the time and resources they can invest in your defense are often limited. I can bring in experts, file immediate legal challenges, and push back against aggressive prosecutors who may be overcharging your case. Whether you’re facing a life sentence or a 30-year maximum, the penalties for home invasion robbery are among the harshest in Florida.

My job is to protect your rights, your future, and your name.

Florida Home Invasion Robbery FAQs

What is the difference between home invasion robbery and burglary in Florida?

Home invasion robbery under § 812.135 requires that the person not only entered the home but also committed a robbery of the occupants inside. Burglary under § 810.02 simply requires unlawful entry with intent to commit an offense inside, which can be theft or another crime. The key distinction is the robbery element—threat or use of force to take property from someone in the home.

If I was not armed, why am I still charged with a felony?

Florida law classifies even unarmed home invasion robbery as a first-degree felony punishable by up to 30 years in prison. The absence of a weapon may help with negotiations or sentencing, but it does not downgrade the classification of the charge.

Can I be charged if someone else had the weapon?

Yes. Under Florida’s “principal theory” of criminal liability, you can be charged with armed home invasion robbery if you participated in the crime and someone else in the group was armed. This makes it crucial to have a Florida Home Invasion Robbery Attorney examine whether your actual conduct justifies that charge.

What is the minimum sentence for armed home invasion?

If a firearm is used, mandatory minimums under § 775.087 can apply. Possession of a firearm triggers a minimum 10-year sentence. Firing it results in a 20-year minimum. Causing serious injury or death requires 25 years to life. However, an experienced private attorney can challenge the enhancement or even avoid its application with the right evidence.

Can I get the charge reduced to burglary or theft?

It is possible. Prosecutors may agree to reduce charges when the evidence for robbery is weak or if we show a lack of weapon involvement, intent, or victim cooperation. I’ve secured charge reductions for clients in similar situations when we acted early and strategically.

What if I never entered the home?

If the prosecution cannot prove you physically entered the home or aided in the robbery, your case may be dismissed or the charges substantially reduced. Witness credibility, surveillance footage, phone records, and digital data can all play a part in disproving the state’s version of events.

Will hiring a private attorney really make a difference?

Yes. These cases require immediate and focused legal work. A private attorney can devote time to forensic evidence, expert witnesses, aggressive pre-trial motions, and proactive communication with prosecutors. That level of personalized strategy often leads to outcomes public defenders simply don’t have the capacity to pursue.

What if this is my first offense?

Even first-time offenders face serious prison time for home invasion robbery. However, your lack of criminal history can be a critical factor in plea negotiations or sentencing. I’ve used clean records to help clients avoid mandatory minimums or to argue for non-prison alternatives in certain scenarios.

Can I post bail on a home invasion robbery charge?

In many cases, judges deny bond for home invasion robbery, especially when a firearm is alleged. But with an attorney advocating on your behalf, we can petition for bond reconsideration, argue risk factors, and work to secure your release.

Should I talk to police if I didn’t do it?

No. You should never speak to law enforcement without an attorney present. Even innocent people can accidentally make statements that harm their defense. I’ve seen too many cases where a client tried to explain things and ended up giving the police ammunition for a stronger case. The first thing you should say is, “I want to speak to my lawyer.”

Contact a Florida Home Invasion Robbery Attorney 24/7 for Immediate Help

If you or someone you love has been arrested or is under investigation for home invasion robbery in Florida, time is critical. Whether the case involves a weapon or not, the penalties are devastating without aggressive defense. As your Florida Home Invasion Robbery Attorney, I will immediately review the charges, examine the evidence, and begin the fight to protect your freedom.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.