Home invasion is the crime of entering the home of someone else while people are present in the home. A person must be armed with a dangerous weapon and either use force or threaten the use of force. It must be proven that you knew or should have known someone was in the home or that you remained in the home after becoming aware that people were in the home.
The Commonwealth must prove that the defendant entered the home while armed with a dangerous weapon and that he knew occupants were in the home or remained after learning of their presence and that he used force or threatened use of force against an occupant. A dangerous weapon is considered any object which can cause serious bodily injury or has the appearance of being able to cause serious bodily injury.
This charge differs from burglary or breaking and entering in that a specific element of home invasion is knowing that occupants are present and the use or threatened use of force with a dangerous weapon against those occupants.
If convicted of home invasion there is a mandatory minimum sentence of 20 years in state prison with a potential maximum of life in prison. If you’re being investigated or been charged with armed home invasion you need a Massachusetts criminal lawyer with experience in armed home invasion cases. For more specifics or to get advice about your particular situation please feel free to call attorney Frank Fernandez for a free confidential consultation.