Los Angeles Home Invasion Attorney
Were you arrested for a home invasion in Los Angeles, CA? If convicted, you could face prison time, financial penalties, and a lasting criminal record. Fighting to prevent conviction is critical to your future. A Los Angeles home invasion lawyer at The Rodriguez Law Group can start building an aggressive defense today.
Our founding attorney is a former prosecutor with more than two decades of experience. He’s helped thousands of clients over the years–and is ready to help you fight back.
If you were arrested or charged, call our law offices in Los Angeles, California, to schedule a free consultation today.
- 1 How The Rodriguez Law Group Can Help if You Were Arrested for Home Invasion in Los Angeles
- 2 Overview of Home Invasion Charges in California
- 3 What are the Penalties If I’m Convicted of Home Invasion in Los Angeles, California?
- 4 What Defenses Can Be Raised if I’m Accused of Home Invasion?
- 5 Schedule a Free Consultation With a Los Angeles Home Invasion Lawyer
How The Rodriguez Law Group Can Help if You Were Arrested for Home Invasion in Los Angeles
Home invasion is one of the most serious theft crimes you can be charged with. However, prosecutors get it wrong all the time. And a criminal charge doesn’t mean that the state has enough evidence to convict you.
You’ll need an experienced criminal defense lawyer to show the judge and jury the flaws in the prosecutor’s case.
When you hire us, our lawyers will:
- Help you understand your legal rights and options
- Explain any plea bargain options that are on the table
- Make sure law enforcement and prosecutors respect your constitutional rights
- Identify any holes in the prosecutor’s case
- Negotiate with prosecutors to have your charges dismissed or reduced if possible
Choosing a criminal defense law firm can be one of the most important decisions you ever make. At The Rodriguez Law Group, our Los Angeles criminal defense attorneys genuinely care about the outcome of your case. We have over 40 years of collective experience–and we go above and beyond for our clients in every case. You can count on us to do the same for you.
Don’t wait to get started. Call today to set up a time to meet with an attorney in Los Angeles, CA.
Overview of Home Invasion Charges in California
Home invasion is a type of burglary. The offense is different from a typical burglary charge because the home must be inhabited for home invasion charges to apply.
Home invasion charges carry extremely harsh penalties because the home may be inhabited by people when the crime is committed.
The prosecution must prove two things to convict on home invasion or residential burglary charges:
- You entered a home or dwelling that was inhabited at the time
- You entered the dwelling with the intention to commit theft or some other type of crime
Prosecutors must prove both elements of the crime of burglary beyond a reasonable doubt. At The Rodriguez Law Group, we’ll identify any weakness in the prosecutor’s case to make that as difficult as possible.
If you’ve been arrested or charged, don’t wait to take action. Call our law offices today to schedule a free consultation with a Los Angeles home invasion attorney who can help you fight back.
Was the Home Inhabited?
California law defines the term “inhabited” related to its burglary statute. A home is inhabited if it’s currently being used for dwelling purposes–whether or not anyone is actually home.
The home doesn’t have to be someone’s primary residence. Inhabited dwellings can also include a vacation home, trailer, RV, or houseboat.
The law also specifically addresses situations where someone might enter a home that’s been vacated due to a natural disaster, like a hurricane or wildfire. A person commits home invasion if they break into an empty home the occupants left to escape a natural disaster.
The dwelling is not considered to be inhabited in other cases where the building’s occupants have moved out and don’t intend to return.
Did You Intend to Commit a Crime?
To convict, the prosecutor will also have to prove that you entered the dwelling with a specific intent to commit a crime. There are a number of ways the prosecution might try to prove your intent.
Prosecutors often present evidence that:
- You were carrying a weapon
- You were carrying “burglary tools,” such as a crowbar, pliers, slim jim, etc.
- You were loading items into a bag or your vehicle
- You tampered with the home alarm system
Note that you don’t have to successfully complete the crime to be convicted on home invasion charges. The prosecution only has to prove that you intended to commit a crime.
Ancillary Criminal Charges
If the prosecution can’t prove that you intended to commit a crime, they might still charge you with a related criminal offense. Usually, those offenses will include trespassing or unauthorized entry.
Criminal trespassing charges apply if you entered someone else’s property without permission or if you refused to leave someone’s property when asked.
Criminal trespass is typically a misdemeanor in California. However, it’s possible that you might be charged with multiple offenses related to the same activities.
Regardless of the charges you’re facing, you need a strong criminal defense attorney in your corner. At The Rodriguez Law Group, we know that even the small details matter in building a strong defense. We’ll use our years of experience to develop the strongest and most effective defense possible in your California burglary case.
What are the Penalties If I’m Convicted of Home Invasion in Los Angeles, California?
Although most commercial burglary offenses are second-degree felonies, home invasion is a first-degree felony under California Penal Code Section 460. Under California sentencing guidelines, you could be sentenced to state prison for two, four, or six years if convicted. You could also be ordered to pay restitution and up to $10,000 in fines.
If you successfully completed a crime upon entry, you could face additional charges in addition to the first-degree burglary.
In most cases, judges have discretion in determining the proper sentence in any defendant’s case.
The judge will evaluate a number of factors in sentencing, including:
- Your prior criminal record
- Whether you have any prior home invasion convictions
- The crime you intended to commit once you entered the home
- Whether anyone was hurt
- Whether the occupants were present when you entered the home
Even if you’re only convicted on trespassing charges, you can still face jail time and up to $1,000 in fines. If any aggravating factors are involved, your charges might be even more serious–and you could face up to three years in prison.
Collateral Consequences of a Home Invasion Conviction
Financial penalties and prison time are serious enough penalties. However, a home invasion conviction can have collateral consequences that can be equally harsh.
Collateral consequences in Los Angeles county might include:
- Probation or parole
- One “strike” under California’s three strikes law
- Loss of your right to own a firearm
- Loss of child custody or visitation
- Difficulty finding employment or a place to live
- Exclusion from government welfare and benefit programs
- Loss of certain professional licenses
- Inability to work in certain fields, including education, law, and government
A felony conviction can follow you for years after you’ve completed your prison sentence. Conviction for a home invasion felony will remain on your criminal record for years to come–if not for the rest of your life.
It might seem tempting to handle your case on your own or rely on a public defender. That’s not a risk you should take. If you’re facing first-degree felony charges, you want the best criminal defense lawyer possible by your side.
When you choose The Rodriguez Law Group, our sole mission is to look out for your best interests. We’ll negotiate with the prosecutors to get your charges dismissed or reduced. If that’s not possible, we’ll fight for the best outcome given the facts of your case.
What Defenses Can Be Raised if I’m Accused of Home Invasion?
There are a number of legal defenses that could prove effective in your case. At The Rodriguez Law Group, our lawyers in Los Angeles will explore every available option. When you hire us, we’ll make the prosecution’s job as difficult as possible by casting doubt on your guilt.
Common defense strategies in home invasion cases include:
- You lacked the required intent to commit a crime once inside the home
- You were lawfully present or invited onto the property
- Mistake of fact
- Mistaken identity
- False allegations
- Police misconduct
Remember, not all home invasion charges are legitimate. After all, there are any number of reasons you could have entered a home that don’t involve committing a crime–but the only way to avoid conviction is to fight back.
Don’t let conviction for a theft crime haunt your future. Our lawyers are here to fight to keep your record clean. Call our offices to schedule a free consultation today.
Schedule a Free Consultation With a Los Angeles Home Invasion Lawyer
If you’re facing serious criminal charges, you deserve to have your voice heard. If you’ve been arrested or charged with home invasion, a Los Angeles home invasion lawyer at The Rodriguez Law Group can fight to make sure judges and prosecutors hear your side of the story.
Ready to start building your aggressive defense strategy? Call our law offices for a free consultation today.
Last Updated on May 31, 2021