California has expanded its definition of burglary to include a broader scope of criminal activity.
In this expansion, laws have been added to criminalize home invasion – a crime that is distinct from, but related to, burglary.
Home invasion is a type of burglary but it differs in that the act requires the premises invaded to be inhabited.
If you have been arrested and/or charged with home invasion in California I recommend you exercise your constitutional right to say nothing and immediately and explicitly ask to speak to a San Diego criminal defense lawyer, preferably one such as Pedro Bernal, who is experienced in home invasion cases.
Home invasion charges are very serious and one mistake could land you in jail for several years.
Understanding Home Invasion Laws in San Diego
In California, a burglary is committed when a person enters a vehicle or building with the intent to commit a crime.
A home invasion – sometimes referred to as residential burglary – is essentially a burglary of a home that is inhabited. Home invasions are charged as First Degree Burglary in California, under Penal Code 460.
California takes charges of home invasion very seriously and applies a greater penalty to those convicted of the crime.
To get a felony conviction on the charge of First Degree Burglary in California, the prosecution must prove:
- You entered a home or dwelling that was inhabited; and
- You entered with the specific intent to commit a theft or other crime.
When is a Home Inhabited and Unauthorized Entry Occurs?
California law defines “inhabited” as meaning a building that is “currently being used for dwelling purposes, whether occupied or not.” Notice that the law does not require anybody to be present at the time of the crime.
It’s also important to note that a dwelling need not be a house or an apartment nor does it need to be a primary residence.
It can be a vacation home, RV, houseboat, or other premises used for dwelling purposes.
In some cases, a person may enter another’s home after a natural disaster – such as an earthquake or flood – causes a homeowner or tenant to vacate the premises.
A home is not considered inhabited under California’s First Degree Burglary laws if a natural disaster causes the occupant(s) to vacate.
How is Intent Defined?
The second requirement of a home invasion is for the defendant to have the specific intent to commit a crime once inside the premises.
Generally, the prosecution will point to the facts and circumstances to prove that there was intent to commit a crime.
This may include carrying a weapon, partially loading a bag or vehicle with items from the home, or tampering with an alarm system.
It is important to note that you do not actually have to commit the crime to be convicted of a home invasion in California.
Rather, a person is guilty of a home invasion when they merely have the intent to commit a crime upon entry into the dwelling.
Types of Home Invasion Crimes
Such crimes can take various forms, each with its unique characteristics and consequences. Here are some of the most common types:
- Residential Burglary: involves breaking and entering into a residence with the intent to commit a crime, usually theft. Residential burglary is considered a serious crime and is punishable under California Penal Code 459. The severity of the punishment reflects the violation of personal space and the potential for significant emotional and financial harm to the victims.
- Home Invasion Robbery: involves the use of force or fear to take property from a person in their home. It is considered a violent crime and is punishable under California Penal Code 211. The use of violence or intimidation elevates the seriousness of the crime, often resulting in harsher penalties compared to other forms of burglary.
- Aggravated Trespass: involves entering a residence without permission, often with the intent to commit a crime. Aggravated trespass is considered a serious crime and is punishable under California Penal Code 602.5. The presence of intent to commit an additional crime, even if not carried out, can lead to significant legal consequences, emphasizing the importance of understanding the nuances of each charge.
Related Crimes
If a prosecutor cannot prove their case that doesn’t mean you will not be charged.
They may still be able to charge you with and convict you of a related crime such as trespassing or unauthorized entry.
Trespassing. A trespass is committed when you (1) purposefully enter the property of another with the intent to trespass; (2) enter the property of another with the intent to interfere with a business or the occupant’s well-being; (3) refuse to leave the property upon request; and/or (4) enter property with the intent to do physical damage.
Unauthorized Entry. Unauthorized entry is basically the crime of home invasion minus the intent to commit a subsequent crime. Unauthorized entry occurs when you enter or remain in a residence without the permission of the owner or occupant.
The crime of unauthorized entry is aggravated if the owner or occupant is present at the time of the entry.
What are the Penalties and Convictions for such Crimes in San Diego Under the Penal Code?
First Degree Burglary – is a serious crime in California. If convicted of this felony, a person may face between 2-6 years in prison and fines of up to $10,000.
In determining an appropriate sentence, the judge will take certain factors into consideration, such as (1) your prior criminal record, (2) prior home invasion convictions, (3) the seriousness of the crime you intended to commit, and (4) whether the occupants were home at the time of the invasion.
If the prosecution is unable to carry their burden of proof for charges of home invasion you may still face serious consequences if convicted of trespassing or unauthorized entry.
Unauthorized entry and trespass are generally misdemeanors, punishable by up to one year in jail and fines of up to $1,000.
However, if a trespass is particularly dangerous or violent it may be charged as aggravated trespass.
Aggravated trespass can be charged as a misdemeanor or a felony and is punishable by 16 months to 3 years in prison and fines of up to $10,000.
How to Defend Against Home Invasion Charges
Not all accusations of and charges for a home invasion in San Diego California are legitimate.
As an experienced San Diego home invasion lawyer, Pedro Bernal will review the facts and circumstances surrounding your arrest and alleged criminal behavior to determine which defenses may be applicable.
Some defenses to home invasion charges in California include:
- The defendant lacked the intent to commit a crime inside the dwelling;
- The defendant was mistakenly identified as the intruder; and
- The defendant was lawfully present on the property.
If convicted, you could face serious time behind bars.
An experienced San Diego attorney from Bernal Law will build a case highlighting why you are not guilty of the charges, negotiate a plea bargain with the prosecution, and/or reduce your sentence if you are convicted. An investigation into the facts and circumstances surrounding your arrest and alleged conduct is crucial to building a solid defense. Don’t wait until it’s too late – reach out to Bernal Law today for a confidential consultation by calling (619) 453-0023 or filling out our contact form.
Seeking Legal Representation for Home Invasion Cases
If you or a loved one is facing home invasion charges, seeking legal representation from an experienced criminal defense attorney is crucial. A skilled attorney can help you navigate the complexities of laws and develop an effective defense strategy. Here are some key benefits of seeking legal representation:
- Expert Knowledge: A criminal defense attorney can help you understand the charges against you. This expertise is invaluable in identifying potential weaknesses in the prosecution’s case and ensuring that your rights are protected throughout the legal process.
- Effective Defense Strategy: A skilled attorney can develop an effective defense strategy tailored to your specific case. This may involve challenging the evidence, questioning the credibility of witnesses, or presenting alternative explanations for your actions.
- Negotiation Skills: A criminal defense attorney can negotiate with prosecutors to reduce charges or secure a more favorable plea deal. Effective negotiation can result in lesser penalties or even the dismissal of charges, depending on the circumstances surrounding your case.
- Trial Experience: A skilled attorney has experience trying cases in court and can represent you effectively if your case goes to trial. This experience is critical in presenting a compelling defense, cross-examining witnesses, and making persuasive arguments to the judge and jury.
By seeking legal representation, you can ensure that you have a knowledgeable and experienced advocate on your side, working to achieve the best possible outcome for your case.
Q&A
What constitutes a home invasion robbery in California?
The crime occurs when an individual uses force, fear, or intimidation to take personal property from a person inside their home. This is considered a violent crime under California Penal Code 211 and typically results in severe penalties due to the use of violence or threats.
How is First Degree Robbery different from other types of robberies?
First Degree Robbery in California involves committing a robbery within an inhabited dwelling, such as a house or apartment. The severity of this crime reflects the violation of personal property and security within a private residence, distinguishing it from other robberies committed in public spaces or vehicles.
What penalties can one face for a robbery conviction in San Diego?
A conviction for robbery can lead to significant consequences, including 2-6 years in prison and fines up to $10,000. The penalties may increase if the crime involved aggravated circumstances, such as the use of a weapon or if occupants were harmed during the robbery.
What security measures can help prevent robberies?
To enhance security, homeowners should install robust locks, alarm systems, and surveillance cameras. Additionally, using motion-sensor lighting and avoiding posting vacation plans online can deter potential intruders.
How does intent play a role in proving a First Degree Robbery case?
Intent is crucial in proving a First Degree Robbery case. The prosecution must demonstrate that the defendant entered the inhabited dwelling with the specific intent to commit a crime, such as theft. Evidence, like tampered security systems or possession of burglary tools, may be used to establish intent.
