San Fernando Valley Home Invasion Attorney
WHAT MAKES A HOME INVASION DIFFERENT FROM ANY OTHER ROBBERY?
When it comes to robberies, a home invasion robbery is probably viewed as on of the worst by the prosecutors. When I person’s home is violated in a significant way, they lose all sense of security and it is of course a traumatic experience that few can related to, unless they have actually gone through it.
With this in mind, the prosecutors and judges are particularly harsh on these type of robberies in Los Angeles that other that are filed. They realize that their homes could be victimized as well and can relate to the suffering of the victims in these cases.
Another aspect of most home invasion robberies is that there is usually some sort of violence that is involved and the perpetrators usually use a weapon in order to gain control of the residence and be able to defend themselves in case the home owner has a weapon.
The more violent the invasion of the home, the more years that the prosecutors will want to resolve the case. If a weapon like a gun was used, there is a ten year enhancement that the person will be facing, in addition to whatever they receive for the underlying offenses then are charged with.
If people are actually moved around inside the home then the perpetrators will also possibly be looking at a kidnapping charge, depending on the circumstances. This could possibly carry life in prison for the individuals involved in the crime.
Other factors that the judge and prosecutors will evaluate is how violent the attack was, whether anyone was hurt and if any significant property was taken during the robbery. Having a criminal defense lawyer who has handled these serious cases is essential in achieving the best result and counteracting some of the concerns and arguments of the prosecutor in these type of case.
LAW RELATED TO HOME INVASION ROBBERIES IN CALIFORNIA
To break and enter into another person’s house, under California Penal Code 459, with the intent to commit a felony within while the occupiers are present is charged as home invasion robbery. The prosecutor has to prove all the elements of the crime.
If at any time a person is entering, present in, or exiting the dwelling and is armed with a dangerous weapon or another person is lawfully present in the dwelling. It is a felony punishable by imprisonment of up to 20 years. This is a generalization, but you get the point that these cases are taken very seriously and any type of robbery with a weapons will meet with serious consequences.
A person who breaks and enters a dwelling with the intent to commit a felony, larceny, or assault in the dwelling and does commit a felony, larceny, or assault. It is a felony punishable by imprisonment of up to 15 years.
A person who breaks and enters a dwelling with the intent to commit a misdemeanor and enters the dwelling without permission and commits the misdemeanor within will be facing less time that the above robbery cases. It is a felony punishable by imprisonment of up to 5 years and a fine of up to $2000.
As your Van Nuys home invasion attorney we want to do everything to prevent these penalties from being imposed. We have handled numerous home invasion cases and achieved excellent results for our former clients and can do the same for you.
Home invasion allegations are often accompanied by other serious charges such as attempted robbery or robbery charges which are subject to California Three Strikes Law.
We are knowledgeable in all these areas and we care about our clients and are dedicated to do getting the best possible results. Call to set up an appointment for a free face to face consultation.