Home Invasion Charges in Georgia
At Bixon Law Firm in Atlanta Georgia, we are dedicated to providing comprehensive legal care for individuals charged with home invasion. With a focus on integrity and an extensive knowledge of the legal system, we understand the gravity of such accusations and strive to provide personalized strategic defense tailored to your unique circumstances.
Home Invasion is a crime that is often associated with burglaries gone wrong. The reality, however, is that a burglary gone wrong usually will not amount to a conviction. If convicted, however, you will have a felony on your permanent criminal record. Felony convictions come with serious life implications. A felony conviction can limit job opportunities and housing opportunities. Bixon Law has gotten several clients off of these damaging felonies using the strategies outlined below.
Defining Home Invasion in Georgia
In Georgia, Home Invasion is defined under O.C.G.A. § 16-7-5(b)-(c): “A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible [crime] therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.” Home Invasion comes in the First Degree or Second Degree, determined by whether or not the forcible crime was a felony (first-degree) or misdemeanor (second-degree). A forcible crime involves the use or threat of physical force or violence brought against any person.
The Home Invasion statute is a dense statute and comes with many requirements that the prosecutor must show. The elements of the crime which must be proven are:
1. You entered a dwelling without permission or authority
To be convicted of a home invasion charge due to entering a dwelling without permission or authority, the prosecution must be able to prove the absence of consent or authorization of entry, proving the forcefulness of the entry.
2. At the time that you entered, you intended to commit a crime involving the use or the threat of physical force in the dwelling
The prosecution must illustrate that at the precise moment of entry, the defendant harbored the intent to commit a crime within the confines of the dwelling, one involving the implied or actual use of force. This intent is important to differentiate home invasion from a mere trespassing charge.
3. You had a weapon when you entered that can cause serious bodily injury
Whether brandished or concealed, the presence of a weapon capable of inflicting serious bodily harm, intensifies the gravity of the offense, amplifying the potential threat posed to occupants.
4. The dwelling was occupied by a person with authority to be there at the time of entrance
The prosecution must establish that the dwelling in question was occupied by an individual possessing the rightful authority to be present at the time of the defendant’s entry.
One thing to note is that you must have intended harm when you entered the home- this means that a burglary gone wrong CANNOT be prosecuted as a Home Invasion, as theft is not a forcible or violent crime. Even if the prosecutor can argue that you intended to commit a violent crime, though, they must also show that a weapon was on you when you entered. This means that even if events occurred within the dwelling that could be characterized as violent but you used a weapon you found inside the home, you cannot be prosecuted for Home Invasion because you did not have the weapon while entering the dwelling as required by the statute.
Criminal Defense Strategies
I Didn’t Intend a Forcible Crime
Lack of intent is always a strong defense because it is difficult to prove beyond a reasonable doubt what a defendant is thinking or intending. The best that a prosecutor can do is show circumstantial evidence and hope the jury believes their side. In Home Invasion, however, it can often be easily asserted that you only entered the dwelling intending to commit theft. Juries will be favorable to this defense as home invasions are typically associated with theft, and it will not take a leap of logic to believe that this was your true and only intent.
I Didn’t Bring a Weapon
No matter what transpired within the dwelling, it is a requirement that you have a weapon on you upon entrance. If the prosecutor has no way of proving that an item that was used forcibly did not originate from within the house, they will not be able to convict you of Home Invasion. This is demonstrated in the case law below.
I Was Privileged to Enter
One of the elements of Home Invasion is that you entered the dwelling without permission. If you have a previous relationship with the alleged victim, it can be argued that you were likely invited into the home. If the jury adopts the position that the alleged victim consented to your entry, you cannot be convicted of Home Invasion, regardless of what happened once you were in the dwelling.
Mistaken Identity
In cases where the identification of the perpetrator is in question, asserting mistaken identity can serve as a robust defense. This defense contends that the accused individual was not the person who committed the alleged home invasion, thereby challenging the prosecution’s ability to prove guilt beyond a reasonable doubt. Factors such as poor lighting, limited visibility, or discrepancies in witness testimony can significantly undermine the prosecution’s case.
Lack of Evidence of Forced Entry
Challenging the prosecution’s evidence regarding the method of entry can be a potent defense strategy. If there is no substantial proof of forced entry, such as broken locks, damaged doors or windows, or signs of tampering, the defense can argue that the accused gained access to the dwelling through lawful means. This defense highlights the importance of scrutinizing physical evidence and establishing a lack of conclusive proof supporting the allegation of forcible entry.
Punishments for Conviction of Home Invasion Charges
A conviction for Home Invasion requires mandatory imprisonment and a fine and will go on your record as a felony. The judge has an unusual amount of discretion for this particular charge, however. The fine may be up to $100,000, but unlike many other statutes, there is no minimum fine. This means that a judge who becomes sympathetic to your case could technically only fine you $1. Similarly, there is a wide range of sentencing options regarding imprisonment. Home Invasion in the Second Degree has a mandatory 5-20 year imprisonment, and Home Invasion in the First Degree has a mandatory 10-20 year imprisonment. Home Invasion in the First Degree also allows the judge to sentence you to imprisonment for life, however. Because of this, it is essential to have an attorney representing you who is familiar through experience with how to make the best impression on the specific judge assigned to your case.
The full text of the statute governing punishment for Home Invasion is found under O.C.G.A. § 16-7-5(d): “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.”
Home Invasion Charge Case
In Mahone v. State, Deron Mahone appealed a conviction for Home Invasion in the First Degree, for which he was sentenced to life in prison. In June of 2015, Mahone broke into the home of his ex-girlfriend. An argument ensued, and Mahone became enraged. Mahone took a clothes iron and struck his girlfriend with it several times, causing severe injury to her and her unborn child. On appeal, Mahone’s criminal defense attorney argued that because Mahone used a clothes iron that was already in the house, which was not on his person at the time of entry, the prosecutor failed to establish that Mahone had met every element of the crime. The court agreed and reversed his conviction for Home Invasion in the First Degree.
This is an example of a successful use of the I Didn’t Bring a Weapon defense. Bixon Law frequently utilizes this criminal defense case law to fight for our client’s Home Invasion charges to be dismissed.
Contact Bixon Law Today!
If you have been charged with Home Invasion or a similar crime and need the best local criminal defense attorney, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at 404-551-5684 for a free consultation on your case today. With our dedicated legal team, you can feel confident that your rights will be fiercely protected.