If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go.

For sure, and I agree with all that.

However, the police already charged the guy with break & enter, as well as a weapon charge and one or two other charges. Sounds like they had enough evidence, and only the B&E has to stick for this to be a home invasion. The weapon’s charge doesn’t help the guy, as it shows some intent to harm the homeowner.