Defending a Home Invasion Prosecution
Home invasion represents one of the most serious types of crimes that can be lodged against an individual. By definition, the burglary of a home while residents are inside represents a highly violent crime and a criminal defense attorney
will be needed. A person who ends up convicted on a charge of home invasion, particularly if he or she has priors on his or her record, will end up facing the prospect of serving a very lengthy prison sentence.
Overview of the Crime of Home Invasion
The typical definition of home invasion is a crime that involves the unlawful entry into a residence, usually a forceful entry. The home is occupied by its residents (or others) at the time of the unlawful entry into the premises.
The perpetrators of the home invasion unlawfully and forcefully enter a residence with the intent to commit a violent crime. Examples of these types of associated violent crimes are robbery, rape, kidnapping, assault or murder. When charged with home invasion, an individual usually is also charged with one or another associated crimes (or multiple associated crimes), depending on what occurs within the residence at the time of the invasion
History of Home Invasion
The concept of developing a unique crime of home invasion has as its genesis the infamous 1959 quadruple murder of a rural Kansas farm family called the Clutters. Two recently paroled men invade the farmhouse in the middle of the night, murdering a the parents and two children. Evidence in the case also suggests the daughter was raped. The gruesome murders became the subject of author Truman Capote's iconic book "In Cold Blood" and subsequent movie incarnations based on the book and the writer's life.
When an Attorney is Necessary to Defend a Home Invasion Case
The reality is that a criminal defense attorney specializing in home invasion
is always necessary when a person is charged. A person untrained in the law simply does not have the knowledge or the experience to be able to effectively maneuver through the criminal justice system to mount a meaningful defense to a crime of home invasion. (A person needs to bear in mind that home invasion is likely not the only charge he or she will face when prosecuted. Multiple charges only enhance the need to obtain appropriate representation from a skilled and tenacious criminal defense attorney.
Benefits of Engaging an Experienced Criminal Defense Attorney
An experienced criminal defense attorney
aids a person facing a charge of home invasion in a variety of different ways. First and foremost, a criminal defense attorney understands the intricacies of not only the law associated with the crime charged but with those laws and rules that govern court procedure and criminal prosecution.
A skilled criminal defense attorney is in the best position to be able to aid a person charged with home invasion in negotiating a meaningful plea bargain that reduces the charges and lowers the potential penalty faced by a criminal defendant. In fact, according to the U.S. Supreme Court in a pair of cases collectively known as "Lafler" and "Frye," upwards to 96 percent of all criminal cases end up in plea agreements.
In the end, a criminal defendant's constitutional rights are best protected through representation by a capable criminal defense attorney
. A person charged with home invasion should immediately contact legal counsel.