Home Invasion Law - Penal Code 459 PC
When it comes to robberies, a home invasion robbery is undoubtedly one of the most severe. The violation of a person's home is a significant breach, causing the loss of all sense of security. It's a traumatic experience that few can truly understand unless they've been through it.
Prosecutors and judges, fully aware that their own homes could be victimized, are particularly stringent on these types of robberies in Los Angeles. They can empathize with the suffering of the victims in these cases, making the legal process more supportive for the affected individuals.
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 is 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 the perpetrators move people around inside the home, they could also be charged with kidnapping, depending on the circumstances. This could lead to life imprisonment for those involved, underscoring the gravity of 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.
They can help you understand your rights, navigate the legal process, and counteract some of the concerns and arguments of the prosecutor in these types of cases, potentially leading to a more favorable outcome.
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 have 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 into a dwelling with the intent to commit a misdemeanor, enters the home without permission, and reserves the misdemeanor within will face 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 we can do the same for you.
Other serious charges, such as attempted robbery or robbery charges subject to the California Three Strikes Law often accompany home invasion allegations.
