Home Invasion Robbery Defense Attorney

According to Florida Statute 812.135 the crime of Home Invasion Robbery is defined as any person who enters a dwelling with the intent to unlawfully take money or property from the occupants through the use of force, violence, assault, or threat.


The crime of Home Invasion Robbery is a first-degree felony and is a Level 8 offense under Florida’s Criminal Punishment Code. Home Invasion Robbery is punishable by:

  • up to thirty years in prison (minimum prison sentence of 34.5 months);
  • up to thirty years of probation; and
  • a $10,000 fine.

If the defendant commits a Home Invasion Robbery with a weapon or firearm, they may face elevated penalties, as the crime is increased to a Level 10 offense under Florida’s Criminal Punishment Code (minimum prison sentence of 66 months in prison).

If the weapon used is a firearm, depending upon how the firearm was use could result in punishment under Florida’ 10-20-Life law. As set forth in Florida Statute 775.087(a)(1), the 10-20-Life would sentence the defendant to one of the following mandatory minimum prison sentences:

  • 10 years in prison if in possession of a firearm during the crime;
  • 20 years in prison if the firearm was discharged during the crime; and
  • 25 years in prison if someone is injured or killed by the firearm as a result of the crime.

Possible Defenses

Home Invasion Robbery may be combated with several defenses established by the details and facts of the case. Possible defenses include:

  • Defendant was merely present at the scene of the crime (with or without knowledge of the crime being committed);
  • The accusations against defendant are false (e.g. defendant had permission from owner);
  • Insufficient evidence;
  • The witness misidentified perpetrator.


If you find yourself standing accused of Home Invasion Robbery you need to be sure you have a good lawyer on your side. Facing Home Invasion Robbery charges, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.