Florida Statutes
Fla. Stat. § 812.135 (2025)
Home-invasion robbery.
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812.135 Home-invasion robbery.—
(1) “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.
(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.
Arrestable Offenses under F.S. 812.135
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§812.135(2a)ROBBERY-RESIDHOME INVASION W/FIREARM OTHER DEADLY WEAPON
§812.135(2b)ROBBERY-RESIDHOME INVASION WITH WEAPON
§812.135(2c)ROBBERY-RESIDHOME INVASION W/O FIREARM OR WEAPON
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1995–2026 · leading case: Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008).
Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008). “The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018). “At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery. 3. While inside the dwelling, (defendant) did commit robbery.”
Schulterbrandt v. State, 984 So. 2d 542 (Fla. 2d DCA 2008). “He was also convicted of three counts of attempted first-degree felony murder for the attempts on the lives of Richard Kirkendall, Kenny Kirkendall, and Robert Kirkendall. He was also convicted of one count of armed burglary of a dwelling under section 810.”
Mendez v. State, 798 So. 2d 749 (Fla. 5th DCA 2001). “(Mendez), appeals his convictions for home invasion robbery *750 in violation of section 812.135, Florida Statutes (1998), burglary of a dwelling with an assault and/or battery, in violation of sections 810.”
In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013). “(Defendant) entered the dwelling of (victim). 2. At the time (defendant) entered the dwelling, [he][she] intended to commit robbery.”
Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). “(14) HOME INVASION ROBBERY F.S. 812.135 [New] Before you can find the defendant guilty of home-invasion robbery, the State must prove the following three elements beyond a reasonable doubt: Elements 1.”
Davis v. State, 74 So. 3d 1096 (Fla. 1st DCA 2011). “(2009), with § 812.135(1), Fla. Stat. (2009); see Bowers v.”
Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014). “” § 812.135(1), Fla. Stat. (2010). Burglary is defined as “entering or remaining in a dwelling .”
Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996). “Section 812.135, Florida Statutes (1995), defines home-invasion robbery as "[a]ny 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.”
Young v. State, 988 So. 2d 1128 (Fla. 2d DCA 2008). “Young was adjudicated guilty in case number CF02-06478A-XX of the first-degree felony of home-invasion robbery, a violation of section 812.135, Florida Statutes (2002).”
Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007). “Section 812.135(1), Florida Statutes (2003), states the following: "`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.”
Pantle v. State, 784 So. 2d 1139 (Fla. 2d DCA 2001). “On June 23, 1997, Pantle pleaded guilty in case number 96-20055 to home-invasion robbery, a first-degree felony, in violation of section 812.135, Florida Statutes (1995), and in case number 97-04681 to possession of a controlled substance, a third-degree felony, in violation of…”
— 812.135(1) — 8 cases
Davis v. State, 74 So. 3d 1096 (Fla. 1st DCA 2011). “(2009), with § 812.135(1), Fla. Stat. (2009); see Bowers v.”
Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014). “” § 812.135(1), Fla. Stat. (2010). Burglary is defined as “entering or remaining in a dwelling .”
Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007). “Section 812.135(1), Florida Statutes (2003), states the following: "`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.”
Schulterbrandt v. State, 984 So. 2d 542 (Fla. 2d DCA 2008). “He was also convicted of three counts of attempted first-degree felony murder for the attempts on the lives of Richard Kirkendall, Kenny Kirkendall, and Robert Kirkendall. He was also convicted of one count of armed burglary of a dwelling under section 810.”
Green v. State, 828 So. 2d 462 (Fla. 5th DCA 2002).
— 812.135(2) — 2 cases
Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008). “The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon.”
Suomi v. State, 947 So. 2d 697 (Fla. 4th DCA 2007).
— 812.135(2)(a) — 9 cases
Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008). “The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018). “At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery. 3. While inside the dwelling, (defendant) did commit robbery.”
Jones v. State, 969 So. 2d 1126 (Fla. 1st DCA 2007).
Franklin Sanchez v. State, 164 So. 3d 4 (Fla. 4th DCA 2014).
— 812.135(2)(b) — 3 cases
Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008). “The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018). “At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery. 3. While inside the dwelling, (defendant) did commit robbery.”
— 812.135(2)(c) — 6 cases
Morales v. State, 973 So. 2d 679 (Fla. 2d DCA 2008). “The scoresheet describes the crime as home-invasion robbery and cites to section 812.135, but it makes no reference to the use of any firearm, deadly weapon, or weapon.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018). “At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery. 3. While inside the dwelling, (defendant) did commit robbery.”
Felix S. Vann, Jr. v. State of Florida (Fla. 2d DCA 2018).
Reyes v. State, 83 So. 3d 974 (Fla. 2d DCA 2012).
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