A Florida Home Invasion Robbery Attorney Explains the Stakes and Strategic Defense
If you’ve been arrested inside a home or accused of entering a dwelling and taking items from its occupants, you may be facing a charge under Florida Statute § 812.135. As a Florida Home Invasion Robbery Attorney, I want to speak plainly about what this charge means, the difference between armed and unarmed versions, how the law treats firearm enhancements, and what a private attorney can do for you when your freedom and future are on the line.
Understanding “Home Invasion Robbery” Under Florida Law
Florida’s statute defines the crime of home‑invasion robbery quite simply in its first subsection:
“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.”
That definition tells us three critical things:
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The offender must enter a dwelling (a house, apartment, condo, or similar living space).
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The entry must be made with the intent to commit a robbery.
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The robbery must occur—meaning property is taken by force, violence, assault, or putting the occupants in fear—from someone who is in that dwelling.
Because of the nature of the crime—an invasion of a personal, private residence with force or fear—the legislature treats this charge with some of the highest penalties in the state.
Armed vs Unarmed: Why It Matters
Under § 812.135(2), Florida breaks down home‑invasion robbery into three variations:
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§ 812.135(2)(a) covers the scenario where “in the course of committing the home‑invasion robbery the person carries a firearm or other deadly weapon.” That version is a felony of the first degree, punishable by life imprisonment or any lesser term specified in §§ 775.082, 775.083, or 775.084.
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§ 812.135(2)(b) covers when the person “carries a weapon” (but not specifically a firearm or deadly weapon). That also is a first‑degree felony, punished under the same sections.
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§ 812.135(2)(c) covers the situation where the person “carries no firearm, deadly weapon, or other weapon” during the home‑invasion robbery. Even in that scenario, the crime remains a felony of the first degree, with punishment under §§ 775.082, 775.083, or 775.084.
Though all versions are first‑degree felonies, the difference between armed (or deadly weapon) and unarmed is enormous in terms of sentencing risk, collateral consequences, and how aggressively prosecutors pursue the case.
Penalties and Enhancements
For the armed or deadly weapon version, State law may seek the maximum possible terms—including life in prison—depending on the facts and any enhancements. For example, if a firearm was used, Florida’s habitual offender or 10‑20‑Life statutes may come into play, increasing mandatory minimums, years, and limiting access to lesser sentences.
For the unarmed version, the maximum may be lower (though still extremely severe), but the fact remains you are still facing a first‑degree felony. That can carry up to 30 years in prison under § 775.082(3)(b) for a first‑degree felony. Because a first‑degree felony in Florida is punishable by up to life or 30 years depending on the statute, you must treat the charge as though your freedom is in serious jeopardy.
These statutes show why hiring a Florida Home Invasion Robbery Attorney is not optional. You need someone skilled in challenging the evidence, negotiating plea alternatives, and understanding how enhancements work.
Why a Private Attorney Matters from Day One
When you combine the violent nature of home‑invasion robbery, the location (someone’s dwelling), and the potential for firearms or deadly weapons, you have one of the most aggressively prosecuted felonies in Florida. Prosecutors often seek maximum sentences at the outset.
A private attorney brings advantages that matter: early investigation (before you even see a plea offer), access to forensic and surveillance resources, ability to question whether the firearm or weapon allegation is supported, and readiness to argue for charge reduction or dismissal when the facts permit. Public defenders are dedicated and capable, but the depth of investigation and early work a private attorney can provide often makes a real difference.
Typical Defenses to Home‑Invasion Robbery Charges
Here are some of the defenses I employ when representing clients charged under § 812.135:
Lack of Entry or Dwelling
The statute requires entry into a “dwelling” and the taking of property from occupants inside. If the state cannot prove either element beyond a reasonable doubt—for example, if the property was taken from a yard or outside the home—the charge may fail or be subject to reduction to burglary or theft.
No Intent or Robbery Element
Even if entry occurred, the prosecution must show the intent to commit robbery and that robbery actually took place (force, fear, assault). If the property was taken with permission, or there was no threat of force, the robbery element can be attacked.
No Weapon or Mischaracterization of Weapon
If the charge alleges a firearm or deadly weapon but evidence is weak (e.g., the “weapon” was a replica, or there is no proof it was used, or the state mislabels it), we can challenge the enhancement. The difference between an unarmed and armed version may hinge on this.
Mistaken Identity
Because home invasions often happen at odd hours with multiple people in a home, misidentification is common. Challenging eyewitness reliability, surveillance footage, and chain‐of‐custody issues may lead to reduced charges or dismissals.
Illegal Search or Seizure
If law enforcement entered the home unlawfully, failed to secure warrant or PC, or obtained evidence without respect to your rights, suppression motions may reduce or eliminate key evidence.
Real Case Example: Successful Defense
A client came to me after being arrested in a high‑profile home‑invasion robbery case in Central Florida. The accusation: armed home invasion robbery under § 812.135(2)(a), with two occupants alleging a firearm was used during the entry and robbery of jewelry and cash from the residence.
We immediately investigated:
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We obtained surveillance footage from the home and neighboring properties.
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We found the alleged firearm was a BB gun disguised as a firearm and there was no confiscated weapon matching the description.
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We located a credible alibi showing my client was at a different location during the timeframe.
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We challenged the “dwelling” assumption because the home was unoccupied at the time of the alleged crime; the occupants were out of state and the arrest was based on property found outside the home.
After filing motions, presenting key footage, and negotiating aggressively, the prosecution agreed to drop the armed home‑invasion robbery charge and instead charge my client with an unarmed burglary offense, which ultimately resolved via probation and no prison. That change avoided a potential life sentence. This result underscores what a dedicated Florida Home Invasion Robbery Attorney can do.
The Choice You Face
If you are charged with home‑invasion robbery, whether armed or unarmed, you are facing one of Florida’s most serious felony charges. The difference between armed and unarmed matters for sentencing, but either version demands immediate, strategic action. A private attorney can give you the individualized attention necessary to review the evidence, evaluate state tactics, and build a tailored defense rather than a rushed plea.
If you accept the charge without challenge, you risk years, or even life, behind bars—not to mention loss of job, housing, reputation, and your presence in your community. With the right defense, you may be able to reduce the charge, minimize or eliminate prison time, or even avoid conviction altogether.
Florida Home Invasion Robbery FAQs
What exactly distinguishes a “home‑invasion robbery” from burglary under Florida law?
Under § 812.135(1), home‑invasion robbery requires that you enter a dwelling with the intent to commit a robbery, and that a robbery of the occupants takes place. A burglary under § 810.02 might involve unlawful entry with intent to commit theft or another felony—but burglary does not necessarily require the actual taking from occupants by force or fear. Because of the additional robbery element, and the fact that it happens inside someone’s dwelling, the consequences are far more severe.
If I didn’t use a gun or point a weapon, can I still be charged with the armed version?
Yes. § 812.135(2)(a) requires only that the offender “carries a firearm or other deadly weapon” during the commission of the home‑invasion robbery—even if the weapon is not fired or brandished. Similarly, subsection (2)(b) covers carrying a weapon. If the evidence shows you carried a weapon—even if you didn’t use it—the armed version can apply.
Can a first‑time offender get probation or a lesser sentence?
It depends heavily on case facts: whether a weapon was used, whether an occupant was injured, whether you cooperated, and how the state views your risk. A Florida Home Invasion Robbery Attorney works to present mitigating factors, negotiate plea alternatives, or challenge the case from the outset to increase the chance of probation or diversion.
What is the practical difference in sentencing between armed and unarmed home‑invasion robbery?
Though both versions are first‑degree felonies, the armed or deadly weapon version carries the possibility of life imprisonment and stiffer state prosecutorial focus. The unarmed version may still carry up to 30 years under § 775.082(3)(b), but prosecutors are more likely to consider reduction if the weapon enhancement is absent and the facts support it.
Should I speak to law enforcement before hiring an attorney?
No. Never. Even if you believe you're innocent. Anything you say can be used against you. A Florida Home Invasion Robbery Attorney will prepare you for questioning, ensure your rights are protected, and work to prevent unnecessary admission of damaging information.
How should I choose my attorney?
Look for someone experienced with violent felony cases, familiar with robbery statutes like § 812.135, and willing to investigate fully before advising you to plead. You want a lawyer who treats your case as a serious threat to your freedom—not just a file to move through.
Will this stay on my record if I’m convicted?
Yes. A conviction under § 812.135 is a felony and it remains on your record. That means serious collateral consequences: loss of gun rights, housing and job discrimination, immigration impacts. If the charge can be dismissed or reduced, the value is far beyond immediate sentencing.
Is plea bargaining always the best option?
Not always. A plea may limit further investigation or suppressing critical evidence. Sometimes waiting for discovery, challenging the state’s case, or leveraging favorable facts will produce a better result. As a Florida Home Invasion Robbery Attorney, I weigh your options carefully before advising you.
Contact Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation
If you or a loved one is facing a home‑invasion robbery charge in Florida—whether involving a weapon or not—you are dealing with what could be a life‑changing criminal matter. You need a Florida Home Invasion Robbery Attorney who will thoroughly assess your situation, gather the evidence, and fight your case with focus and care.
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.
Don’t wait. The sooner you have a qualified attorney on your side, the sooner we can begin protecting your rights and preserving your future.