Los Angeles > Home Invasion

Los Angeles Home Invasion Attorney

A home invasion charge can drastically alter your life. The penalties are severe, including substantial prison time and long-term effects on your future. If you face accusations of home invasion, act now to protect yourself.

At The Rodriguez Law Group, we’re Los Angeles home invasion attorneys who deliver strong, proactive legal representation to safeguard your rights and work toward a favorable outcome in your case.

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What Counts as Home Invasion Under California Law?

California law treats home invasion as burglary under Penal Code Section 459. It involves illegally entering a home or dwelling intending to commit a crime, often while the residents are present. The element of force, threats, or violence separates home invasion from other burglary offenses, making it a serious matter.

To prove home invasion, the prosecution must demonstrate the following points beyond a reasonable doubt:

• Illegal Entry: The accused entered a property without permission. This can happen through forced entry or entry without consent, even if the door is unlocked or open.

• Intent to Commit a Crime: The entry occurred to carry out theft, assault, or another unlawful act inside the residence.

• Use of Force, Threats, or Intimidation: The act involves threats or physical harm to the occupants or the use of a weapon.

Home invasion charges often accompany related counts such as assault, robbery, or false imprisonment. Understanding the exact nature of your charge helps lay the groundwork for a solid defense strategy.

Penalties for Home Invasion in Los Angeles

Courts impose strict sentences for home invasions due to the perceived threat to public safety and the direct harm to victims. A conviction could lead to life-altering consequences, requiring an aggressive and strategic defense approach.

Every case is unique, and the court considers several aspects when deciding penalties, including:

Weapon use

Carrying or using a weapon during the crime often triggers sentencing enhancements, leading to more severe punishments.

Harm to occupants

Physical injury caused to someone inside the home significantly raises the stakes for sentencing.

Prior record

Courts treat defendants with prior charges more harshly, particularly for violent offenses.

Additional charges

Many home invasion cases include related charges such as assault, kidnapping, or robbery, which increase the overall penalties.

Potential sentences

Courts typically classify home invasion as a first-degree burglary offense. If convicted, you may face:

Prison time

Penalties range from a minimum of six years to life imprisonment in extreme cases.

Fines and restitution

Significant fines may apply, along with mandatory payments to compensate victims for losses or damages.

California’s Three Strikes Law

A conviction counts as a strike on your record, raising penalties for future convictions and possibly limiting sentencing options.

How the Legal Process Unfolds

If charged with home invasion, understanding the legal process is critical. Each stage offers opportunities for defenses that can protect your rights and influence your future.

Arrest and investigation

Law enforcement typically begins building a case with evidence like fingerprints, security footage, or witness statements. Once officers collect enough information, they issue an arrest.

During this phase, officers or investigators may attempt to question you. Avoid discussing your case without your attorney present, as anything you say could harm your defense.

Arraignment and bail

At the arraignment, the court formally presents charges against you, and you enter a plea of guilty, not guilty, or no contest. Judges use this stage to determine bail as well. A skilled attorney can argue for reduced or reasonable bail to secure your release.

Pre-trial preparation

Pre-trial is a crucial phase for building your case. Your attorney will analyze all prosecution evidence, identify inconsistencies or procedural violations, interview witnesses, and file motions to challenge improper evidence.

Trial

If your case goes to trial, the prosecution and defense present evidence to the court. Your attorney will work to discredit the prosecution’s account and demonstrate weaknesses in their evidence. The goal is to create reasonable doubt, which can lead to a not-guilty verdict or reduced penalties.

At The Rodriguez Law Group, we guide you through each stage, ensuring you understand your options and that your rights are vigorously defended.

What Defenses Can Be Raised if I’m Accused of a Los Angeles Home Invasion?

There are several legal defenses that could prove effective in your case. At The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, we explore every available option.

When you hire us, we’ll cast doubt on your guilt, making the prosecution’s job as difficult as possible.

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 many 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 a 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.

How We Build Your Defense

Constructing a defense against a home invasion charge requires careful analysis, creativity, and a tailored strategy. A successful defense can doubt the prosecution’s story, challenge their evidence, or demonstrate that mitigating circumstances exist.

Addressing evidence issues

Any inconsistencies in the evidence can weaken the prosecution’s case. Your attorney will investigate law enforcement procedures to look for errors or misconduct, such as improper collection of physical evidence.

Disproving intent

Without intent to commit a crime, prosecutors cannot secure a conviction for a home invasion. Demonstrating that you lacked intent could lead to reduced charges or dismissal.

Seeking lesser charges

If possible, your attorney may negotiate to reduce your charges to less severe offenses, such as trespass, which carry more minor penalties.

Invoking duress or self-defense

If the circumstances suggest you acted out of coercion, protection, or duress, these arguments can play a critical role in your defense.

Presenting an alibi

Demonstrating that you were elsewhere during the alleged incident can discredit the prosecution’s timeline and eliminate doubt.

At every turn, The Rodriguez Law Group strives to customize a defense that suits your circumstances and maximizes your chances of a positive resolution.

Why Choose The Rodriguez Law Group?

Hiring the right attorney makes all the difference when facing home invasion charges. Our team at The Rodriguez Law Group consistently works hard to deliver outstanding results.

Former prosecutors protecting your rights

Our attorneys, including Ambrosio Rodriguez and Sommer Salam, have years of experience on both sides of the courtroom. Having served as prosecutors, we draw upon unique perspectives to anticipate how the other side will argue and build cases that stand strong in court.

Dedicated personal attention

Every client receives careful consideration tailored to their needs. You won’t feel like just another case on a docket—instead, you’ll have a defense strategy aligned with your goals.

Strategic representation

We use methodical, informed approaches to secure favorable outcomes. Whether negotiating reduced penalties, challenging evidence, or fighting for dismissal, we pursue every viable route to protect your future.

Strong History of Results

Our firm has helped past clients achieve dismissals, reductions in charges, and acquittals in tough cases. We remain committed to giving every client their best chance for success.

Compassionate, Accessible Counsel

We know that facing criminal charges is an overwhelming experience. Our attorneys remain accessible, keeping you informed and addressing concerns every step of the way.

Frequently Asked Questions About Home Invasion Defense in Los Angeles

1. Can I be charged with home invasion if I didn’t harm anyone inside the house?

Yes, you can still face home invasion charges even if you didn’t harm or interact with anyone inside. The crime involves unlawfully entering a home with the intent to commit a crime, which is enough to result in charges. However, the absence of harm may impact sentencing or charges.

2. What should I do immediately after being accused of home invasion?

If you are accused of home invasion, avoid speaking to law enforcement or anyone about the incident. Contact an experienced criminal defense attorney immediately to ensure your rights are protected and to prevent inadvertently incriminating yourself.

3. Can the charges be dropped if I entered the home accidentally?

If it can be demonstrated that you entered the property unintentionally or without criminal intent, your attorney may be able to argue for a dismissal or reduction of charges. Evidence such as miscommunication or unique circumstances can strengthen your case.

4. How does a prior clean record affect my case?

A clean criminal record can be a mitigating factor in your case. Courts may consider it when determining your penalties and may be more open to reduced charges, plea deals, or lenient sentencing.

5. What if the evidence against me is circumstantial?

If the evidence against you is primarily circumstantial, it can be challenged in court. Your attorney may argue that the evidence lacks concrete proof linking you to the crime or doesn’t meet the burden of proof required for a conviction.

6. Can home invasion charges be expunged from my record?

Expungement depends on the specifics of your case, including the outcome of charges and sentencing. Certain convictions, especially those involving violence or felony burglary, may not qualify for expungement. A defense attorney can advise on your eligibility.

7. How does hiring a former prosecutor as a defense attorney benefit me?

Former prosecutors understand how the prosecution team builds cases and can anticipate strategies they might use against you. This experience allows them to craft strong, proactive defenses tailored to dismantle the prosecution’s arguments.

8. Are there any alternatives to serving prison time if I’m convicted?

Depending on the details of your case, alternatives like probation, restitution, or participation in rehabilitation programs could be options. A skilled attorney can work to negotiate these alternatives on your behalf.

9. Will media coverage impact my case?

If your case garners media attention, it could influence public opinion. However, your attorney can file motions to ensure a fair trial, such as requesting a change of venue or sequestering a jury to minimize outside influence.

10. How long does a typical home invasion case take to resolve?

The timeline varies depending on factors like the complexity of your case, court backlog, and willingness to negotiate plea deals. While some cases resolve in months, others can take over a year if they go to trial.

11. What if I wasn’t physically present at the scene but am still being charged?

You could face charges as an accomplice if the prosecution believes you aided or abetted the crime somehow. Proving you had no involvement or intent is crucial, and your attorney will investigate the evidence to build your defense.

12. Can witnesses testify on my behalf during my trial?

Yes, character witnesses or alibi witnesses can play a role in your defense. They may provide testimony to support your version of events or dispute claims made by the prosecution.

13. Is there a difference between home invasion and trespassing?

Yes, trespassing involves unlawfully entering someone’s property without permission but without the intent to commit a crime inside. Home invasion, on the other hand, includes the intent to carry out a criminal act, making it a much more severe offense.

Take the First Step Toward Protecting Your Future With the Rodriguez Law Group

Facing a home invasion charge is a serious matter. Choosing the right defense attorney can change the trajectory of your case and your future. Act now to secure the skilled representation you need to stand confidently in court.

Los Angeles criminal lawyer at The Rodriguez Law Group, offer a no-cost initial consultation to evaluate your case and discuss your options. Call 213-437-9054 today or complete our online contact form to schedule your consultation.

Take control of your defense with attorneys who understand the stakes and fight tirelessly for their clients. Your future is worth defending, and we are here to help.

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