4 Elements Of A Home Invasion Case
As much as you want to live life on the up and up, there are things that can happen that derail your plans and cause you to do something you normally wouldn't do. Losing a job or getting ill and having to quit your job can take a toll on you financially. You end up struggling to figure out what you are going to do to make ends meet.
Before you know it, you are breaking in to someone's home and stealing items from them that you can sell and make a quick buck. Sure, this wasn't what you had planned, but it happened. To help you understand whether you are going to be charged with home invasion or not, take a look at the elements of the case that the district attorney has to prove happened.
You Entered Someone Else's Home
The first thing the district attorney has to prove is that you actually entered someone else's home. The moment any part of your body enters the home, they have proven this part of the case.
You Knew Someone Was Inside or Stayed After Knowing Someone Was There
This particular part of the case isn't as easy to prove. Most of the time, people break into a home because they assumed it was empty, not because they thought someone was there. A burglar will often wait for the vehicle to be gone before they go near the home. You aren't guilty of home invasion unless you stayed inside of the home after you knew that someone was in the home with you.
You Were Armed When Entering the Home
For this element, they have to prove that you were carrying some type of dangerous weapon at the time of the entry. Remember, dangerous weapons don't have to be knives or guns. They can be anything that you can use to cause serious bodily harm.
You Threatened the Occupants Inside
This element involves your threatening the occupants inside of the dwelling with physical harm if they didn't do what you wanted. All it takes is one of the occupants to say that you did this to them to prove it happened.
If you are being charged with home invasion, you need to get a lawyer working on your side right away to help get you through the process as simple and painless as possible. Don't put your future on the line by trying to handle this difficult process alone.