Boston Home Invasion Lawyer

Home invasion is defined as an offense that involves the entry of a dwelling at night, with the intent to commit a crime once inside the dwelling. Home invasion offenses are similar to that of burglary or robbery, but are seen and treated as a more serious crime – home invasion requires that the defendant knew someone was at home, used threats and force, all while armed with a dangerous weapon.

Why clients choose Brad Bailey Law:

• Numerous cases handled successfully
• A history of satisfied clients
• More than three decades of legal experience
• Award-winning representation

Attorney Brad Bailey of Brad Bailey Law has more than 33 years of experience in criminal law and is the recipient of the coveted “Outstanding Prosecutor” honor, which was awarded to him as a federal prosecutor in Boston. He is a New England Super Lawyer and a repeat Massachusetts Super Lawyer.

Facing home invasion charges? Protect your future with a strong defense. Call (617) 500-0252 now or contact us for a free consultation!

Consequences of Home Invasion Charges

In order to be convicted of a home invasion charge, the prosecutor must be able to prove several factors beyond a reasonable doubt – that you entered the dwelling place of another individual, you knew someone was home at the time you entered, that you were armed, and that you used or threatened the use of force.

If convicted, a home invasion charge can carry a penalty of up to 20 years in prison. It’s important to remember, however, that an arrest is not a conviction and there is still time for Attorney Brad Bailey to build a compelling case on your behalf. When your rights are hanging in the balance, your choice in representation matters. Picking the right attorney can mean the difference between possible jail time and having your offense reduced to a lesser charge.

Legal Defenses Against Home Invasion Charges

Being charged with home invasion is serious, but a strong defense can help protect your rights. Some common legal defenses include:

• Lack of intent to commit a crime – The prosecution must prove you intended to commit a crime once inside the home. If there was no criminal intent, the charge may not hold.
• Mistaken identity – Home invasions often happen quickly, and eyewitness testimony can be unreliable. If you were falsely accused or misidentified, your attorney can present evidence to prove it.
• Unlawful search and seizure – If law enforcement obtained evidence without a proper warrant or probable cause, that evidence may be inadmissible in court.
• Insufficient evidence – The prosecution must prove beyond a reasonable doubt that you committed the crime. If the evidence is weak or circumstantial, your case may be dismissed or charges reduced.
• Self-defense – If you were defending yourself or another person from harm, you may have a valid defense against the charges.

Differences Between Home Invasion, Burglary, and Robbery

While home invasion, burglary, and robbery are similar, they have key differences:

• Home invasion vs. burglary – Burglary involves unlawfully entering a home with the intent to commit a crime but does not require force or the knowledge that someone is inside. Home invasion is more serious because it involves force, weapons, or threats.
• Home invasion vs. robbery – Robbery involves stealing from a person using force or threats. Home invasion, however, is focused on unlawful entry with force, whether theft occurs or not.
• Why home invasion is more severe – Because it involves weapons and the presence of occupants, home invasion is charged more aggressively, often carrying lengthy prison sentences.

Impact of a Home Invasion Conviction on Your Life

A conviction for home invasion can have life-altering consequences, including:

• Criminal record – A felony conviction can impact your ability to secure employment, housing, and financial opportunities.
• Felony charges – Home invasion is usually classified as a felony, meaning long-term consequences and potential mandatory sentencing.
• Loss of gun rights – Convicted felons may lose the right to own or possess firearms permanently.
• Immigration consequences – Non-citizens convicted of home invasion may face deportation or visa revocation, affecting their ability to stay in the U.S.

If you're facing home invasion charges, it's crucial to seek legal representation immediately. A skilled attorney can help build a strong defense and protect your future.

Frequently Asked Questions (FAQ) About Home Invasion Charges

Can I be charged with home invasion if I didn’t steal anything?

• Yes. Home invasion does not require theft—only unlawful entry with force, threats, or a weapon while knowing someone is inside.

What if I was invited into the home?

• If you had permission to enter but later committed a crime inside, you could still face other charges, but it might not qualify as home invasion.

Can a home invasion charge be reduced to a lesser offense?

• Yes. Depending on the evidence, your attorney may be able to negotiate for a lesser charge, such as trespassing or burglary, which carry lighter penalties.

How does Massachusetts law treat home invasion cases?

• Massachusetts has strict penalties, including mandatory prison time if convicted. The exact sentence depends on the circumstances of the case.

Can I face federal charges for home invasion?

• Home invasion is typically prosecuted at the state level, but if other crimes like kidnapping, drug offenses, or firearms violations are involved, federal charges may apply.

What should I do if I’m falsely accused of home invasion?

• Remain silent, avoid discussing the case with anyone other than your lawyer, and contact an experienced criminal defense attorney immediately.

Will a home invasion charge affect my ability to own a firearm?

• Yes. A conviction for home invasion, which is a felony, will likely result in losing your right to possess firearms.

Schedule Your Consultation Today

When facing serious criminal allegations, it’s recommended you hire an experienced violent crimes lawyer who understands all the mechanics and distinctions of the various related charges and will use creative strategies to zealously defend you in court. Brad Bailey a home invasion lawyer, who has achieved impressive results defending such charges including in Com v. C.S., a college student in Western Massachusetts facing indictment in Worcester for home invasion. Mr. Bailey was successfully able to advocate a second-chance for his client, avoid Superior Court prosecution and secure a sentence of Probation for his client.

Every second counts when defending your rights. Call (617) 500-0252 today or contact us to discuss your case with an experienced attorney!