Home Invasion

Home Invasion is defined in Massachusetts as the crime prohibiting someone from entering the home of another while armed with a dangerous weapon, and who uses or threatens the use of force upon any person therein. Massachusetts General Laws Chapter 265, Section 18C proscribes as the punishment for Home Invasion with a minimum-mandatory term of imprisonment of not less than 20 years and up to life in state prison.

In order to establish the crime of Home Invasion, the prosecutor must prove, beyond a reasonable doubt:

1. That the defendant unlawfully entered the dwelling of another;
2. That the defendant knew or had reason to know one or more persons were present within the dwelling house, or alternatively, that the defendant remained in the dwelling when he knew or had reason to know that one or more persons were present;
3. That the defendant was armed with a dangerous weapon at the time of entry; and
4. That the defendant used force or threatened the imminent use of force on any person within the dwelling house, or alternatively, that the defendant intentionally caused injury to any person within the dwelling house.

With respect to an ‘unlawful entry’, the prosecutor must prove that the defendant had no right of habitation or occupancy in the dwelling place at the time of entry or that the defendant made a non-consensual entry into the dwelling. Entry occurs if any part of the defendant’s hand or foot, or any instrument or weapon controlled by the defendant enters the dwelling.

By definition, a ‘dangerous weapon’ is any instrument that by nature of its construction or the manner of its use is capable of causing grievous bodily injury or death or would be perceived by a reasonable person as capable of such injury.

If you have been charged with the crime of Home Invasion or any other Crime of Violence or Theft Crime, it is critical that you immediately consult with an experienced Massachusetts Criminal Attorney who can explain and best protect your legal rights.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons accused of Theft Crimes and Crimes of Violence, and is available 24/7. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.