Home Invasion

What Is Home Invasion?

Per Georgia law O.C.G.A. § 16-7-5, a "home invasion" occurs when one or more unauthorized people enter an occupied dwelling, while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, with the intent to commit a forcible felony (first degree) or forcible misdemeanor (second degree).

A critical legal distinction between home invasion and burglary is whether or not the home was occupied at the time of the offense. Although burglary is a serious crime, home invasion is a far more serious felony crime.

Defense Strategies for Home Invasion Charges

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of home invasion. Specifically,

• Forcible Entry
• Dwelling was Occupied
• Possession of a Weapon
• Intent to Commit a Forcible Crime

Additionally, examine evidence such as witness statements, video footage, identification of suspects, forensic evidence, and suspects found in possession of incriminating evidence (text messages, etc.)

Lastly, our lawyers can seek to determine if there are violations of constitutional rights, faulty police procedures, weak evidence, and inability to identify or place the suspects at the scene.

Home Invasion Punishments

A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00.

A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.

Georgia Law: O.C.G.A. § 16-7-5

Click the following link to see the full law for Home Invasion in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Home Invasion Attorney

If you are being investigated for, or charged with, home invasion we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.