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Florida Criminal Offense

Home-Invasion Robbery

Entering a dwelling with intent to commit robbery and committing robbery of an occupant inside.

FelonyFirst Degree

Florida Statute

§ 812.135

Home-invasion robbery

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Home-invasion robbery combines entry into a dwelling with intent to commit robbery and an actual robbery of an occupant. All weapon tracks are first-degree felonies; carrying a firearm or other deadly weapon is punishable by a term of years not exceeding life.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

With Firearm or Other Deadly Weapon

F.S. § 812.135(2)(a)

FelonyFirst Degree — Punishable by Life

Home-invasion robbery committed while the offender carried a firearm or other deadly weapon; punishable by a term of years not exceeding life.

With Weapon

F.S. § 812.135(2)(b)

FelonyFirst Degree

Home-invasion robbery committed while the offender carried a weapon.

No Firearm, Deadly Weapon, or Other Weapon

F.S. § 812.135(2)(c)

FelonyFirst Degree

Home-invasion robbery committed while the offender carried no firearm, deadly weapon, or other weapon.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    The State must prove all of the following

    The defendant entered the dwelling of the victim.

    Plain language: The defendant went into the victim's dwelling.

  2. Element 2
    AND — Required

    The State must prove all of the following

    At the time the defendant entered the dwelling, the defendant intended to commit robbery.

    Plain language: The intent to commit robbery existed when the defendant entered the dwelling.

  3. Element 3
    AND — Required

    The State must prove all of the following

    While inside the dwelling, the defendant committed robbery.

    Plain language: An actual robbery of an occupant occurred inside the dwelling.

Jury Instructions

Instruction 15.3

Home-Invasion Robbery

Florida Standard Jury Instruction for F.S. § 812.135. The instruction incorporates the applicable robbery instruction.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Important Definitions

Dwelling

A dwelling is a building or conveyance of any kind, including any attached porch, designed to be occupied by people lodging at night, together with its curtilage.

Robbery

Robbery is taking money or property from another person's person or custody when force, violence, assault, or putting in fear is used in the course of the taking.

Additional Notes

Quick Reference

Confirm the dwelling entry, the intent to commit robbery at entry, and the completed robbery of an occupant inside. Each is required.

Burglary Distinction

Burglary can be based on entry with intent to commit a qualifying offense. Home-invasion robbery requires both intent to commit robbery at entry and an actual robbery of dwelling occupants inside.

Weapon Track

All statutory tracks are first-degree felonies. Carrying a firearm or other deadly weapon makes the offense punishable by a term of years not exceeding life; carrying a weapon or no weapon remains a first-degree felony under the respective statutory tracks.