Have you been arrested for your role in a home invasion? If so, contact Los Angeles home invasion attorney Ambrosio Rodriguez for a free consultation. Mr. Rodriguez is a former prosecutor with over 18 years experience.
Home invasion is a serious offense that carries potentially devastating consequences. In some cases, you could face up to nine years in prison for a home invasion conviction. Once you have paid your debt to society you will still be burdened with a criminal record. You have the power to defend yourself against allegations of criminal wrongdoing, and our skilled Los Angeles legal team can help. Call The Rodriguez Law Group today to set up a free consultation.
What is a Home Invasion?
In Los Angeles, the crime of home invasion is also known as residential burglary. Residential burglary, as defined in California Penal Code Section 459 PC, occurs when you enter an inhabited dwelling with the intent to commit theft or a felony inside. Home invasion generally refers to a burglary that is committed while the occupants of the home are present.
Elements of a Home Invasion
The state must prove all of the essential elements of the crime of first-degree burglary in order to convict you of this crime. Failure to prove any of the following elements means that you cannot be found guilty of a home invasion.
- You entered an inhabited dwelling;
- With the intent to commit theft or a felony.
Intent to Commit Theft or a Felony
Your intent at the time you entered the home is essential to your case. You cannot be convicted of a home invasion if you lacked the intent to commit a theft or a felony inside that home. In some cases, you may have entered another person’s home by mistake, but lacked the intent to commit a crime once you were inside. While this behavior may be punishable under a different criminal statute, you cannot be convicted for home invasion because you lacked the required criminal intent.
Penalties for Home Invasion
Home invasion burglary is a felony offense in Los Angeles. If you are convicted for a home invasion under Penal Code 459 PC in Los Angeles you can face a criminal sentence that includes:
- Two, four, or six years in a California state prison;
- $10,000 in fines;
- Probation; and/or
The criminal sentence that is imposed in your specific case will depend on the facts and circumstances of your home invasion offense. The court will consider and balance any factors that are relevant to your case, including:
- The seriousness of your offense;
- The crime you intended to commit once you were inside the home;
- Whether anyone was harmed during your home invasion;
- Your existing criminal record.
If you are successful in committing a theft or felony once you have entered the residential dwelling you can face additional criminal charges.
Once you have been convicted of a felony offense in Los Angeles you will be forced to live with a criminal record for the rest of your life. Having this criminal record will subject you to collateral consequences, which can affect every aspect of your life. Collateral consequences are not directly related to your specific crime. Instead, these are social and civil penalties that affect you because you have a criminal record. Collateral consequences of a home invasion conviction in Los Angeles may include:
- Loss of the privilege to own or possess a gun;
- Loss of child custody and/or visitation rights;
- Inability to find meaningful employment;
- Difficulty finding a home to buy or rent;
- Inability to participate in government welfare programs;
- Loss of professional licenses; and
- Inability to work in certain fields, including education and government.
Criminal Trespass as a Lesser Included Offense
Trespassing a closely related crime to first-degree/residential burglary and home invasion. In many cases, if you entered another person’s home by mistake the charges against you can be reduced to the lesser-included charge of criminal trespass. Criminal trespass, as defined in Penal Code 602 PC, occurs when you enter and remain on another person’s property without permission or authority.
Criminal trespass is generally charged as a misdemeanor offense, carrying a maximum criminal penalty of 12 months in a Los Angeles County jail and $1,000 in fines. If your trespass is considered especially dangerous or violent, or if you threaten to harm someone on the property, you can be charged with felony criminal trespass. This felony carries a maximum criminal penalty of three years in a California state prison and $10,000 in fines.
Defenses to Home Invasion
As a former prosecutor, Ambrosio E. Rodriguez knows just how difficult it can be to successfully try a home invasion case in Los Angeles. The prosecution must be able to gather evidence to prove that you had an intent to enter a home to commit a crime, and this can be tough to do. When you hire the Rodriguez Law Group to defend you, we will make the prosecution’s job even more difficult by arguing legal defenses on your behalf. These defenses will explain, excuse, and/or justify your alleged criminal behavior, casting doubt on your guilt. Defenses that we may argue in your home invasion case include:
- You did not have the necessary intent to commit a crime once you were inside the home;
- You have been falsely accused; or
- You are the victim of mistaken identity.
Experienced Los Angeles Home Invasion Attorney
Have you been arrested and/or charged for a crime in connection with a home invasion in Los Angeles? The Rodriguez Law Group can help you minimize the consequences of your arrest. Call us today to set up a free consultation. We will review your case, determine the best line of defense, and explain your legal rights. The prosecution will begin to build its case against you immediately, so it is important to act quickly.