Home Invasion Law - Penal Code 459 PC
When it comes to robberies, a home invasion robbery is probably viewed as one of the worst by the prosecutors. When a person's home is violated significantly, they lose all sense of security, and it is a traumatic experience that few can relate to unless they have gone through it.
With this in mind, the prosecutors and judges are particularly harsh on these types of robberies in Los Angeles than others 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 involved. The perpetrators typically use a weapon to gain control of the residence and defend themselves if the homeowner has a gun.
The more violent the home invasion, 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 and whatever they receive for the underlying offenses they are charged with.
If people are moved around inside the home, the perpetrators will also be looking at a kidnapping charge, depending on the circumstances. This could carry life in prison for the individuals involved in the crime.
The judge and prosecutors will evaluate 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 severe cases is essential in achieving the best result and counteracting some of the concerns and arguments of the prosecutor in these types of cases.
Law Related to Home Invasion Robberies
To break into another person's house, under California Penal Code 459, with the intent to commit a felony while the occupiers are present is charged as home invasion robbery. The prosecutor has to prove all the elements of the crime.
First Degree
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 home. 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 robbery with weapons will meet severe consequences.
Second Degree
A person who breaks a dwelling with the intent to commit a felony, theft, or assault in the home and does commit a felony, larceny, or assault. It is a felony punishable by imprisonment of up to 15 years.
Third Degree
A person who breaks a dwelling with the intent to commit a misdemeanor and enters the home without permission and reserves the misdemeanor within will be facing less time than the above robbery cases. It is a felony punishable by imprisonment of up to 5 years and a fine of $2000.
As your Van Nuys home invasion attorney, we want 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 subject to California Three Strikes Law.
