What Is Home Invasion?
There are some basic elements. Simply put, a Home Invasion is when a person enters a home with a weapon when he or she knows someone is in the home. A more specific breakdown of elements is 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 anywhere someone is living.
Someone In the Home or Dwelling or Will Be:
The person charged has to either know or have reason to believe that someone is at home. For example, if lights are on inside, this alone might be reason enough to believe 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 charged waits for someone to arrive.
Pretending to be a Governmental Employee or an Utility Worker:
If a home invader represents him or herself as either a governmental worker or as a utility worker and the person in the home allows them in, this falls under the statute.
Affirmative Defense:
One defense to this charge is if the invader immediately leaves the home when they realize there is a person inside. Also, if the invader immediately surrenders to the person inside the home once he or she realizes someone is inside.
Typical Case:
Most cases of Home Invasion involve a person returning to a 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 free, no-obligation review of your case by either telephone or in-person. To review your case, call (708) 410-0090.