A person who breaks and enters a dwelling with the intent to commit a felony, a larceny, or assault in the dwelling with other occupiers present is guilty of home invasion. It's also known as residential burglary under California Penal Code Section 459.
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 dwelling, then the person will be charged with first degree home invasion.
Intent to Commit Felony
A person who breaks and enters a dwelling with the intent to commit a felony, larceny, or assault in the dwelling and does commit a felony, larceny, or assault is guilty of second degree home invasion.
A person who breaks and enters a dwelling with the intent to commit a misdemeanor and enters the dwelling without permission and commits the misdemeanor is guilty of third degree home invasion.
The different degrees of home invasion have different penalties one more severe than the other.
- Home invasion in the first degree is a felony punishable by imprisonment of up to 20 years and fines up to $5000.
- Home invasion in the second degree is a felony punishable by imprisonment of up to 15 years and a fine of up to $3000.
- Home invasion in the third degree is a felony punishable by imprisonment of up to 5 years and a fine of up to $2000.
As your California criminal defense attorney, we want to do everything to prevent these penalties from being imposed. If you are facing a home invasion charge, whether in the first, second, or third degree, our law firm can and will help.
Home invasion charges are often accompanied by robbery charges which is subject to California Three Strikes Law. Our defense lawyers are experienced in handling robbery cases as well as home invasion cases and we have seen great results.
We care about our clients and their well being. We guarantee our dedication, our competence, and our persistence. Contact a Los Angeles home invasion lawyer at our office for superior legal defense against your criminal charges.