Charged With Home-Invasion Robbery? A Florida Home-Invasion Robbery Defense Lawyer Can Help You Fight For Your Freedom
When someone is accused of a home-invasion robbery in Florida, it’s not just another robbery charge. Prosecutors treat it as one of the most serious felonies under Florida law, often seeking life-altering prison sentences. As a Florida Home-Invasion Robbery Defense Lawyer, I’ve represented people facing these devastating accusations, and I know exactly how quickly lives can be torn apart. These charges don’t just threaten your freedom; they put your future, your reputation, and your family relationships on the line.
If you or someone you love has been arrested for home-invasion robbery anywhere in Florida, you need more than just a general criminal defense lawyer. You need a serious defense strategy—fast.
Let’s break this down and talk about what this charge means under the law, what penalties you could be facing, the defenses that might apply, and why hiring a private attorney gives you the best chance to fight back.
Florida Law Defines Home-Invasion Robbery in Clear Terms
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.”
A “dwelling” under Florida law means a building or conveyance of any kind that has a roof and is designed to be occupied by people at night, including houses, apartments, mobile homes, and more.
This statute makes it clear: what separates home-invasion robbery from other robbery charges is the location. Once someone crosses the threshold of another person’s home and commits a robbery, prosecutors treat it as a uniquely dangerous and invasive crime.
But that also means prosecutors carry a high burden of proof. They must show beyond a reasonable doubt that the accused entered with the intent to rob, not just that a robbery took place inside a home.
The Penalties Are Some of the Harshest in the State
Home-invasion robbery is classified as a first-degree felony in Florida. But unlike other first-degree felonies that carry a maximum of 30 years in prison, this one is punishable by:
- Life in prison, if the accused was armed with a firearm or other deadly weapon during the commission of the offense, under § 812.135(2)(a)
- A term of up to 30 years, if the accused was not armed, under § 812.135(2)(b)
Additionally, this charge may trigger Florida’s 10-20-Life Law (Florida Statutes § 775.087) if a firearm is used. That law requires:
- 10 years minimum mandatory sentence for possession of a firearm,
- 20 years if the firearm was discharged,
- 25 years to life if the discharge caused serious injury or death.
This is not a charge where probation is typically offered. And unfortunately, once a prosecutor files a home-invasion robbery charge, they rarely reduce it without a fight.
That’s why people facing these accusations need aggressive, skilled legal defense immediately. A public defender may not have the time or resources to examine every angle of your case. That’s where I come in.
Defending Against Home-Invasion Robbery Charges in Florida
There are multiple legal strategies I use depending on the specific facts of the case. Below are just some of the defenses that can apply.
1. Lack of Intent to Commit Robbery Upon Entry
Prosecutors must prove that my client entered the dwelling with the intent to commit robbery, not that a robbery simply happened once inside. If the entry had a lawful or neutral purpose, and only afterward did something escalate, that breaks the element of intent required under § 812.135(1).
I’ve successfully used this defense in cases where roommates argued, or when my client entered a home to retrieve property they believed was theirs.
2. Mistaken Identity or False Accusation
Eyewitness misidentification is more common than most people think. If the accuser did not know the intruder, and there is no physical evidence linking my client to the scene, we can attack the reliability of the identification.
Video surveillance, cell tower records, GPS data, and even social media activity can be used to show my client could not have committed the crime.
3. Consent to Enter the Dwelling
If the alleged victim allowed my client into the home—even begrudgingly—that undermines the claim of unlawful entry. Without an illegal entry, it’s hard for prosecutors to meet the elements of the statute.
I have won cases where witnesses initially claimed my client “barged in,” but later admitted under pressure that they had opened the door and let him inside.
4. Lack of Proof That a Robbery Occurred
Robbery requires force, violence, assault, or putting someone in fear while taking property. If the alleged victim was not physically threatened or if property was never actually taken, this element falls apart.
In some cases, the charge may be more appropriate as burglary or simple theft, not home-invasion robbery.
Real Case Example: Dropped From First-Degree Felony to Trespass
One of my clients was charged with home-invasion robbery after entering an ex-girlfriend’s apartment during an argument. She later claimed he stole her cell phone and threatened her. Police arrested him the next day, and prosecutors initially filed the charge as armed home-invasion robbery.
When I took the case, I began a full review of the evidence. The cell phone was later recovered in her possession. I subpoenaed text messages showing that she had invited my client over. Her initial statement conflicted with what she told responding officers.
After weeks of motion hearings, I convinced the prosecutor to drop the charge to misdemeanor trespass. My client avoided decades in prison—and kept his record clean of any violent felony.
Why You Need a Florida Home-Invasion Robbery Defense Lawyer
These cases move fast, and prosecutors start building their case from the moment of arrest. They have law enforcement, digital forensics experts, and state-funded investigators on their side. You deserve someone in your corner with just as much determination.
A private attorney like myself can do the following:
- Challenge probable cause and the arrest warrant,
- File motions to suppress unlawfully obtained evidence,
- Cross-examine the alleged victim under oath,
- Present alibi witnesses and digital evidence to show you were elsewhere,
- Push for reduction to burglary, trespass, or even dismissal depending on the facts.
Public defenders often juggle dozens of cases per week. I take a limited number of felony cases so I can give each one the attention it deserves.
If your freedom, your future, and your criminal record are on the line, now is the time to act.
Other Related Florida Statutes You Should Know
In home-invasion robbery cases, prosecutors may also stack or threaten to file additional charges under:
- Florida Statutes § 810.02 (Burglary of a dwelling),
- Florida Statutes § 812.13 (Robbery),
- Florida Statutes § 775.087 (Minimum mandatory enhancements for firearm use),
- Florida Statutes § 790.07 (Weapons charges if a firearm was carried while committing a felony),
- Florida Statutes § 784.021 (Aggravated assault with a deadly weapon).
I evaluate every angle to ensure prosecutors aren’t overcharging or overreaching.
Florida Home-Invasion Robbery Defense FAQs
What is the difference between burglary and home-invasion robbery in Florida?
Burglary involves entering a dwelling or structure with the intent to commit a crime inside. Home-invasion robbery is far more serious because it involves entering a dwelling with the intent to commit robbery, and then carrying out the robbery. While burglary can be a second-degree felony, home-invasion robbery is always a first-degree felony, often punishable by life if a weapon is involved.
Can I be charged with home-invasion robbery if I didn’t take anything?
Yes, if prosecutors believe you entered a dwelling with the intent to rob and used force, threats, or fear to try to take something—even if nothing was successfully taken—they can still pursue the charge. However, a skilled attorney can often attack the robbery element if no property was taken and no threats were made.
Does the victim have to testify in a home-invasion case?
Not necessarily. Prosecutors can still proceed using 911 calls, officer testimony, surveillance footage, or forensic evidence. That said, if the alleged victim refuses to cooperate, recants their statement, or has credibility issues, we can use that to weaken the prosecution’s case.
What if I had permission to enter the home?
If you were invited into the dwelling—even by text, phone, or an open-door policy—that changes the legal landscape significantly. It can undermine the required “entry with intent to rob” element. I’ve won cases where proving consent to enter destroyed the prosecutor’s entire case.
Is home-invasion robbery eligible for bond?
Florida courts treat this charge as a serious, violent felony, but it is still bailable in most cases unless the prosecutor seeks pretrial detention. I can fight for a reasonable bond, present evidence of your ties to the community, and push for release while the case proceeds.
Can this charge be sealed or expunged in Florida?
No. Home-invasion robbery is classified as a dangerous, violent felony. Florida law prohibits sealing or expunging convictions for this offense. However, if the charge is dropped, dismissed, or reduced to a lesser, eligible offense, I can pursue expungement down the road.
What happens if the alleged victim lied?
I’ve handled many cases where the alleged victim exaggerated or outright fabricated their claims. If that happens, I work to uncover inconsistencies, file motions to compel discovery, and bring the truth to light. False accusations should not ruin your life, and I take those cases seriously.
Will hiring a private attorney really make a difference?
Absolutely. Home-invasion robbery cases require detailed legal work, pretrial motions, depositions, and sometimes even forensic experts. A public defender may not have the resources to fight each element. I will challenge every part of the state’s case and fight for the best possible outcome.
Call A Florida Home-Invasion Robbery Defense Lawyer Now
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 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.