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Home Invasion

Because home invasion is considered a very serious crime in all states, consequences of conviction will almost always include imprisonment.  Other potential consequences include:

  • Probation or parole

  • Loss of the right to be bonded

  • Restitution (paid to the victims to compensate for any losses)

  • Court ordered counseling

  • Significant fines

  • Other

Likelihood of any of the above consequences depends upon the following factors:

  • Severity of injuries caused

  • Prior similar convictions

  • Any other prior convictions

  • Currently on probation or parole

  • Attitude of community and court toward this type of crime

  • Degree of media attention on case

  • Mitigating/aggravating circumstances

  • Other

Defenses of Home Invasion may potentially include:

  • Insufficient evidence

  • Factual innocence

  • Authority to be on the property

  • Unintentional causing of injury

  • Other

Home Invasion

A person commits a home invasion crime when, without authority, he or she knowingly enters a home of another, when he or she knows or has reason to know that the home is occupied, and intentionally causes a crime within the dwelling.  Simply threatening to use force against an occupant of the invaded home may also be sufficient to trigger the home invasion charge.

While only a small number of states (Florida, Illinois, Michigan, Massachusetts) currently have specific Home Invasion statutes, most other states punish home invasions through their burglary statutes.  Burglaries of homes that are committed when the occupants are present are considered home invasions, and are usually punished more severely than other burglaries.  Use of a weapon in the course of a home invasion will draw the most severe criminal penalties. 

When and how home invasions are charged varies from state to state.  Therefore, your attorney should be familiar with the law in the state where you are charged.

What can you do to improve the outcome of your case?

  • Gather documentation of your good character (reference letters, employment history, community service, etc.)

  • Exercise your right to remain silent

  • Retain qualified counsel as soon as possible

  • Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)

  • DO NOT investigate your own case

What can we do to help?

  • Early preparation, including legal research and defense identification

  • Early investigation and identification of all facts helpful to your defense

  • Interview police to minimize or eliminate the case

  • Interview the prosecutor to minimize or eliminate the case

  • Interview all witnesses

  • Reduce or eliminate bail requirements

  • Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case

  • Provide vigorous and aggressive defense

  • In appropriate cases, negotiate jail alternatives

  • Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)

  • Coordinate a private lie detector test

  • Develop appropriate motions to dismiss the case

  • Develop appropriate motions to suppress evidence