Home invasion is a distinct crime that is different from burglary or breaking and entering. You can learn more about home invasion here.
A person commits home invasion by:
- Entering a dwelling with a person actually in it. Remember, a “dwelling” is a building that is occupied by someone at night. In most cases, this means someone’s home. But, it can also mean a store that is occupied by the owner or an employee at night.
- Has the intent to commit a crime within the dwelling. As with many crimes, intention is a large part of the prosecution or defense. If the prosecution can prove that the intent to commit a crime was present in the defendant’s mind, it will strengthen the prosecution’s case. However, if the defense can prove that the defendant was not trying to commit a crime, the charges could get reduced or dismissed.
- Commits or attempts to commit a felony against the person within the dwelling; or
- If that person is armed with explosives, a deadly weapon, or some other dangerous instrument. If this is the case, it can be assumed that the person intended to harm another person or the establishment that he or she entered.