Home Invasion Robbery — Florida § 812.135

Under Florida Statute § 812.135, The Rodriguez Law Office defends clients charged with home invasion robbery, a first-degree felony punishable by up to life imprisonment. If a firearm is used, Florida’s 10-20-Life mandatory minimums under § 775.087 apply — 10 years minimum for possession, 20 years for discharge, 25-to-life if someone is injured or killed. Home invasion robbery requires entering a dwelling with intent to commit robbery AND actually robbing an occupant inside. It is one of the most serious violent felonies in Florida’s criminal code. These cases are built on identification evidence that is often weaker than it appears — and co-defendant testimony that must be challenged aggressively.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Home Invasion Robbery Under Florida Law?

Florida § 812.135 defines home invasion robbery as any robbery occurring when the offender enters a dwelling with the intent to commit a robbery and does commit robbery of the occupants therein. Three elements must be proven: (1) the defendant entered a dwelling, (2) with intent to commit robbery at the time of entry, and (3) actually committed robbery of a person inside. The distinction from standard robbery (§ 812.13) is the entry into a dwelling. The distinction from burglary (§ 810.02) is that home invasion robbery requires an actual robbery of an occupant — not merely entry with intent. All three charges can be filed simultaneously from the same incident.

What Are the Penalties for Home Invasion Robbery in Florida?

Charge	Statute	Degree	Max Prison	Mandatory Minimum
Home invasion robbery (no weapon)	§ 812.135	1st Degree Felony	Life	None
Home invasion robbery with a weapon (not firearm)	§ 812.135 + § 775.087	1st Degree Felony (Life)	Life	None
Home invasion robbery with a firearm (possession)	§ 812.135 + § 775.087	1st Degree Felony (Life)	Life	10-year mandatory minimum
Home invasion — firearm discharged	§ 812.135 + § 775.087	1st Degree Felony (Life)	Life	20-year mandatory minimum
Home invasion — firearm, injury or death	§ 812.135 + § 775.087	1st Degree Felony (Life)	Life	25 years to life

Home invasion robbery without any weapon still scores 74 points on Florida’s Criminal Punishment Code as a first-degree felony — a number that alone generates a mandatory state prison sentence. Any prior record, victim injury enhancements, or co-defendant roles push the guidelines range dramatically higher. A first-time defendant convicted of home invasion robbery with a firearm and no injury faces a minimum of 10 years in prison by statute — with guidelines that typically score far beyond that minimum.

What Is the Difference Between Home Invasion Robbery, Burglary, and Robbery in Florida?

These three charges are closely related but legally distinct, and prosecutors frequently file all three simultaneously from the same incident.

Robbery (§ 812.13) — Taking property from a person by force, anywhere. A second-degree felony without a weapon (15-year max); first-degree with a weapon (up to life).

Burglary (§ 810.02) — Entering a dwelling with intent to commit any offense inside. A second-degree felony if unoccupied (15-year max); first-degree if occupied or armed (up to life). Does not require that the intended offense be completed.

Home Invasion Robbery (§ 812.135) — Entering a dwelling with intent to commit robbery AND actually committing robbery of an occupant inside. Always a first-degree felony with life maximum. Requires both the entry AND the completed robbery — which makes it more specific and more serious than either charge alone.

The critical distinction between burglary and home invasion robbery is that home invasion robbery requires a completed robbery of a person who was inside the dwelling. A burglary where the occupants were not present, or where no robbery occurred, cannot be charged as home invasion robbery — only as burglary. This distinction matters enormously at the charging and plea stage.

Does 10-20-Life Apply to Home Invasion Robbery With a Firearm?

Yes — under § 775.087, the same 10-20-Life mandatory minimums that apply to armed robbery apply equally to armed home invasion robbery. Possession of a firearm during the home invasion carries a 10-year mandatory minimum, discharge carries a 20-year mandatory minimum, and injury or death resulting from the discharge carries 25 years to life. These minimums run on top of the base life felony maximum, and the judge has no discretion to sentence below the mandatory minimum once the firearm element is proven. The only way to eliminate the mandatory minimum is for the State to agree to drop or modify the firearm allegation — which requires negotiating with a prosecutor from a position of strength, not after conviction.

How Are Home Invasion Robbery Cases Investigated in Polk County?

Home invasion robbery investigations in the 10th Judicial Circuit involve: victim and witness eyewitness identification, surveillance footage from the area and surrounding roads, cell phone location data, DNA evidence collected at the scene, and co-defendant cooperation. These are multi-defendant crimes — a home invasion robbery typically involves 2-4 individuals, and law enforcement works quickly to identify the group and flip the least culpable member first. In Polk County, the first co-defendant to cooperate often receives dramatically reduced charges — and their testimony becomes the State’s primary evidence against the remaining defendants. Co-defendant cooperation agreements are one of the most dangerous evidentiary threats in a home invasion robbery case, and attacking co-defendant credibility is usually central to the defense.

What Are the Best Defenses to Home Invasion Robbery in Florida?

Was the Defendant Correctly Identified as One of the Perpetrators?

Home invasion robbery victims are among the most traumatized crime victims in the criminal justice system — at home, in the presence of family, confronted by armed intruders. The psychological impact of this trauma significantly degrades the reliability of identification testimony. Cross-racial identifications, identifications made under extreme duress, and identifications influenced by media coverage, social media, or pre-lineup discussions with law enforcement are all substantially less reliable than prosecutors represent. I evaluate every identification procedure used by law enforcement and retain eyewitness reliability experts when identification is the State’s primary evidence.

Does the Co-Defendant’s Testimony Withstand Cross-Examination?

A co-defendant testifying under a cooperation agreement has the most powerful self-interest motive to say whatever the prosecution needs: their freedom depends on it. Florida courts allow thorough cross-examination on the terms of the agreement, the original charges (often identical to the defendant’s), prior inconsistent statements, criminal history, and any benefits received beyond the plea deal — reduced charges for family members, early release recommendations, or relocation assistance. I build comprehensive cross-examination packages for every cooperating witness and present the jury with a clear picture of what the witness received in exchange for their testimony.

Was There Actual Robbery of an Occupant Inside?

Home invasion robbery specifically requires that a robbery be committed of the occupants within the dwelling — it is not enough that the defendant entered with intent to rob if no occupant was robbed. If the occupants were not present, if the property taken did not belong to or was not in the custody of an occupant, or if the taking occurred through stealth rather than force or fear, the home invasion robbery element may not be satisfied. In those cases, the appropriate charge may be burglary — with significantly lower penalties — rather than home invasion robbery.

Was a Firearm Actually Used — Or Proven to Be a Real Firearm?

When the alleged firearm was never recovered, the State must prove beyond a reasonable doubt that the object used was a real firearm capable of expelling a projectile by action of an explosive — not a replica, toy, or BB gun. Victim testimony that “it looked like a gun” is not the same as proof that it was a functional firearm under § 790.001. When the weapon was not recovered and no co-defendant confirms it was real, the firearm mandatory minimum is genuinely contestable. The difference between having a real firearm and having a replica is the difference between a 10-year mandatory minimum and no mandatory minimum at all.

Frequently Asked Questions — Home Invasion Robbery Defense in Florida

What is the penalty for home invasion robbery in Florida?

Home invasion robbery under § 812.135 is a first-degree felony with a maximum of life imprisonment. With a firearm, § 775.087 (10-20-Life) imposes a 10-year mandatory minimum for possession, 20-year mandatory minimum for discharge, and 25 years to life for injury or death. Even without a weapon, a conviction virtually always results in a state prison sentence under the guidelines.

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

Burglary under § 810.02 requires only entering a dwelling with intent to commit any offense inside — no completed crime is required. Home invasion robbery under § 812.135 requires entering a dwelling AND actually committing robbery of an occupant inside. Burglary of an occupied dwelling is a first-degree felony (up to life); home invasion robbery is also a first-degree felony (up to life) but requires a completed robbery, making it more specifically charged and more difficult for the State to prove when no occupant robbery occurred.

Can I be charged with home invasion robbery and burglary for the same incident?

Yes — Florida prosecutors regularly charge both burglary of a dwelling and home invasion robbery from the same incident. Double jeopardy does not bar separate charges for burglary and robbery arising from the same transaction under Florida’s separate elements test. However, at sentencing, a court cannot impose concurrent punishments for both when the burglary is based entirely on the same entry as the home invasion robbery without running into double jeopardy concerns in certain circumstances — an issue worth raising at the sentencing stage.

What should I do if I am accused of home invasion robbery in Polk County?

Exercise your right to remain silent immediately and completely — do not discuss your whereabouts, knowledge of any co-defendants, or any facts of the incident with law enforcement under any circumstances. Home invasion robbery investigations move within hours: detectives will attempt photo lineup identifications, cell phone extractions, and co-defendant interviews simultaneously. The first co-defendant to cooperate gets the best deal. Call a criminal defense attorney before any contact with investigators. The decisions made in the first 48 hours after a home invasion robbery arrest can determine whether you face 10 years or life.

Related Practice Areas

• Violent Crimes Defense — Overview
• Robbery & Armed Robbery — § 812.13
• Carjacking — § 812.133
• Burglary Defense — § 810.02
• Kidnapping Defense — § 787.01
• Weapons & Firearms Charges

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How Does Florida Distinguish Home Invasion Robbery From Burglary?

Many clients and families confuse home invasion robbery with burglary because both involve unlawfully entering a dwelling. The distinction under Florida law is critical — and the penalties reflect it. Burglary under § 810.02, Florida Statutes, requires unlawful entry into a structure with the intent to commit a crime therein. The victim does not have to be present. Home invasion robbery under § 812.135 requires that the defendant enter a dwelling with the intent to commit a robbery and that a person be present during the commission of the offense. The presence of an occupant is an element of the offense, not an aggravating factor. This distinction drives the sentencing: armed burglary of an occupied dwelling is a first-degree felony punishable by up to life. Home invasion robbery is a first-degree felony punishable by up to life regardless of whether the offender was armed. With a firearm, 10-20-Life mandatory minimums under § 775.087 overlay on top of that maximum — the minimum sentence is no longer discretionary. A judge has no ability to go below the mandatory minimum regardless of the circumstances, the defendant’s background, or mitigating factors.

What Defense Strategies Are Available in a Home Invasion Robbery Case?

Home invasion robbery is one of the most aggressively prosecuted charges in Florida, but the severity of the charge does not eliminate defense opportunities. The prosecution must prove every element beyond a reasonable doubt — and each element is a potential point of attack:

• Identity: Home invasion robberies are frequently committed by multiple participants. Eyewitness identification under stress — in a chaotic, frightening, often low-light situation — is notoriously unreliable. Misidentification is the leading cause of wrongful conviction in serious violent felony cases. Cross-examination of identification witnesses and, where appropriate, the use of expert testimony on eyewitness memory and perception can effectively challenge this element.
• Intent at entry: The prosecution must prove the defendant intended to commit robbery at the time of entry — not that a robbery occurred after entry. If entry was for another purpose and events escalated, the intent element may be contested. This is a narrow but legitimate argument in specific factual scenarios.
• Presence of occupants — knowledge: In cases where the prosecution alleges the defendant did not know anyone was present, the “present during commission” element may be disputed.
• Use of force or threat element: Robbery requires force, violence, assault, or putting in fear. What constitutes sufficient force or adequate threat to put the victim in fear is fact-specific and contestable.
• Firearm nexus for 10-20-Life: The mandatory minimums under § 775.087 require proof that the defendant carried, discharged, or caused injury with a firearm during the commission of the offense. Each tier of the enhancement requires separate proof. Challenging the firearm element can mean the difference between a 10-year mandatory minimum and a sentence that allows judicial discretion.

For related charges that frequently accompany home invasion robbery prosecutions, see our pages on Violent Crimes Defense, Battery, and Weapons & Firearms Charges.