People often hope to keep their homes and belongings safe, and no one can predict a perpetrator robbing or invading their space. Robberies and home invasion cases in Louisiana are taken very seriously, meaning anyone arrested for being involved in a home invasion can expect to face steep fines and penalties and a criminal record.
Despite the evidence or information the prosecution may try to pin against you in these cases, hiring a criminal defense lawyer may help you obtain a solid defense after an arrest. John D. & Eric G. Johnson Law Firm has years of combined experience skillfully representing clients in Louisiana courtrooms for various criminal accusations. If you are arrested for invading someone’s home, it’s essential to understand your rights and how our legal team may help you move forward.
How Does Louisiana Define a Home Invasion?
In a criminal case, it’s easy to develop a misunderstanding of many legal terms such as burglary, theft, or a home invasion, as these laws can be broad or complex depending on the crime. However, in Louisiana, a home invasion is defined under statute 14:62.8 as:
“Home invasion is the unauthorized entering of any inhabited dwelling, or other structure belonging to another and used in whole or in part as a home or place of abode by a person, where a person is present, with the intent to use force or violence upon the person of another or to vandalize, deface, or damage the property of another.”
Home invasions are severe crimes because they often involve violence. In such cases, a criminal defense lawyer may help you by evaluating all components of your case and any crimes that may accompany a home invasion, such as burglary, weapons, violence, and other misdemeanors or felonies. The prosecution works to uphold burglary and home invasion laws by prosecuting any perpetrators of a crime. However, every individual has a right to seek a skilled defense to dismiss or reduce charges and sentences.
What Are Louisiana’s Home Invasion Laws?
A home invasion case can easily become complex because several crimes and charges await the accused and arrested person. A home invasion often includes several criminal acts, and the penalties can increase when one crime builds upon the next. In Louisiana, you may face charges for any of the following criminal acts if involved in a home invasion:
Criminal Trespassing
Criminal trespassing occurs when someone enters any person’s property without permission. If you are caught trespassing, and depending on the number of offenses on your record, you may face fines and imprisonment. A trespassing crime is limited to illegally entering a place without express, legal, or implied authorization.
Unauthorized Entry
In Louisiana, unauthorized entry into an inhabited dwelling is intentionally entering someone’s property, structure, or place without legal permission. In an unauthorized entry case, you may face additional charges if crimes such as burglary, theft, acts of violence, or others may accompany this offense.
Burglary
Burglary cases in Louisiana can vary due to certain elements, such as carrying a weapon and unauthorized entry. Depending on the circumstances surrounding the burglarizing incident, an offense can be categorized as the following:
- Simple burglary
- Simple burglary of an inhabited dwelling
- Aggravated burglary
Burglarizing is the intention to commit a felony or theft. If convicted of a felony, you may face penalties such as fines and a prison sentence.
Looting
Looting in Louisiana includes the unauthorized entry and theft in a dwelling, business, or other structure during an emergency or natural disaster. Penalties for looting may include:
- Up to 15 years in prison and up to $10,000 in fines
- In a state of emergency, looting is punishable by a minimum three-year sentence and a minimum fine of up to $5,000
If you are arrested for looting, consulting with an attorney may help you discredit any evidence and reduce charges.
Home Invasion
Since a home invasion can include crimes such as unauthorized entry, using force or violence on a person, or committing property damage, the penalties for a home invasion can vary. In Louisiana, home invasion penalties often include anywhere from one to thirty years in prison, depending on the specific crimes committed and the person’s criminal background.
In these cases, the occupant must be home for a perpetrator to be charged with a home invasion. Consult with an attorney to discuss your case and defense strategies.
In a home invasion, those convicted may have several charges within criminal circumstances, such as breaking and entering or using a weapon. With a skilled attorney to defend you, you may have charges lessened or dismissed because of experienced negotiation and refuting the prosecution’s claims of criminal intent.
Call John D. & Eric G. Johnson Law Firm for a Legal Consultation After a Home Invasion Accusation
Being accused of a crime is never easy, but in any case, you should be aware of your rights and the benefits of hiring a defense lawyer. Attorney Eric G. Johnson at John D. & Eric G. Johnson Law Firm in Louisiana carries years of experience in providing strategic and reliable legal defense for many clients. If you have been accused of burglary or invading a home, our defense lawyer may evaluate your case and scrutinize any evidence collected.
Our legal team also provides valuable legal resources and helps collect evidence. We are eager to provide you with trustworthy legal services and lead with our knowledge of essential laws. To speak with our legal team and schedule a free consultation, complete our online contact form or call (318) 377-1555.