What Is Home Invasion?
There are two basic elements. Simply put, a person enters a home with a weapon when he or she knows someone is in the home. A more specific breakdown of elements are below.
Entering a Home:
The building involved has to be either a home or a dwelling. Therefore, this includes an apartment, a camper, a tent, or anything where someone is living.
Someone In the Home or dwelling or Will Be:
The person charged has to either know someone is at home or has reason to believe someone is in the building. For example, if lights are on inside, this alone might enough be reason someone is inside. This is an element that the prosecutor might have trouble proving.
Furthermore, this charge is applicable if there is not anyone inside, but the person waits for someone to arrive.
Pretending to be a Governmental Employee or an Utility Worker:
If a person represents him or herself as either a governmental worker or as an utility worker and the person in the home allows them in, this falls under the statute.
A defense to this charge is that a person immediately leave the home when they realize there is a person inside. Also, if the person immediately surrenders to the person inside the home once he or she realizes someone is inside.
Most cases of Home Invasion involves involves a person returning to the home where he or she once lived. This might be to retrieve some of their possessions or to try to work things out with a spouse or girlfriend or boyfriend.
How Serious is the Charge:
Home Invasion is a Class X felony. Learn more about what a Class X felony is HERE.
Where can I find the Statute?
Read the law on Home Invasion HERE.
Attorney Michael J. Young offers a fee no-obligation review of your case by either telephone or in-person. To review your case, call (708) 410-0090.