This is because what ends up happening is, once they get into the house if there's people inside, that's usually where you're going to get a home invasion versus a burglary because people are present.
Then they have to deal with those people and that usually means either tying them up, somehow making them move to another room, locking them in a location. Once you start to move people around during a crime and during the course of a home invasion robbery, you put yourself in a position where you're going to get charged with kidnapping.
Potential Life in Prison Sentence
Kidnapping is moving somebody against their will. The unfortunate thing about kidnapping and robbery charges together is you're usually looking at life in prison. If there was a gun used in the commission of a crime, it adds 10 years onto any sentence.
So you or a loved one, if they're charged with kidnapping and home invasion robbery, the prosecutors usually have so much fire power against them as far as what they could potentially get if they were to go to trial and lose, that they end up being very tough when it comes to negotiation.
So, as a defense attorney, you really need to set your client apart from other defendants who commit similar type offenses because kidnapping and robbery are some of the worse offenses that can be committed.
When you're talking about going into somebody's home, obviously judges and prosecutors can relate to that because they usually own homes and would never want anybody to come into their home where their family is and there loved ones are and commit this type of a crime.
Preparing Mitigation Package
So, that's what you're up against. You really need to come up with a game plan that makes sense based on the defendant's situation, whether that be you or whether that be one of your loved ones.
A lot of times we'll get family members to write character letters and do different things that make sense to show the prosecutor and the judge that this is not a horrible person here.
This is not somebody who deserves to go away for life or get a double-digit sentence which is usually what prosecutors are talking about when it comes to these types of cases.
So, what I will typically do is, if the person is in custody — and a lot of times they are — because if you're looking at life imprisonment and your charged with home invasion robbery and kidnapping, a lot of times your bail will be so high that the family cannot post the bail so the person is in custody.
So, what I'll have to do once I'm retained is get all the paperwork and review it so I know what the case is all about, at least from the police's perspective.
Negotiation with Prosecutor for Best Outcome
A lot of times I like to talk to the prosecutors to see what they have to say about the case. Once I'm armed with that information then I can go and talk to the defendant, see what they have to say about it.
Then., I will let them know what they're being accused of, and really try to get down to the nitty gritty of what we're going to do to get the best possible result if you're charged with home invasion robbery and kidnapping in Los Angeles county.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.