In the eye of law, home invasion is a crime or offense in which any person invades the home of another person without any kind of permission or authority, as well with or without knowing if people are present on the property when the act took place. Home invasion charges also apply to the use of force, threat and violence against the occupant of the invaded home by the accused. A burglary crime that occurs in the situation when the residents of the home are present is also considered a home invasion crime.
Under California Penal Code 459 PC, any person armed or unarmed who breaks and enters either an empty or occupied dwelling, home or any building with the intent to commit any kind of crime or felony, such as a larceny offense, or assault crime is guilty of home invasion, also known as residential burglary crime.
Punishment for Home Invasion charges
- Home invasion in the first degree under the penal code is a felony crime punishable by imprisonment of up to 20 years and fines up to $5000.
- Home invasion in the second degree under the penal code is a felony crime punishable by imprisonment of up to 15 years and a fine of up to $3000.
- Home invasion in the third degree under the penal code is a felony crime punishable by imprisonment of up to 5 years and a fine of up to $2000.
California Federal Criminal Defense Attorney
Home invasion charges are often accompanied by other serious charges that can result in long legal processes which are subject to California Three Strikes Law under California statute. Therefore, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free-of-charge assessment of your case.