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 they entered.