Massachusetts Home Invasion Defense Attorneys

You've probably already been arrested if you're being charged with Home Invasion.  Additionally, you and your family must recognize the severity of the matter you are facing and, given the long-term ramifications, that you need to find aggressive criminal defense immediately. 

In Massachusetts, armed robbery in the home of another usually translates into a Home Invasion charge.  The crime in Massachusetts is pursuant to General Laws Chapter 265 §18C.  The prosecutor (through the District Attorney's office) must prove four different elements of the crime, each beyond a reasonable doubt, before you can be convicted of the crime.  The elements are that you: (1) entered the dwelling place of another, (2) knew or should have known someone was home when you entered, or stayed longer than you should have once you learned somebody was there, (3) were armed with a dangerous weapon upon entry, and (4) threatened the use of force upon the occupant once inside the building.

Analyzing the Home Invasion Statute

As for the first element of the crime - entering - it has been determined that one must have entered without consent.  Additionally, one who merely places his or her hand, arm, or foot into the dwelling would be considered to have "entered."  Finally, a dwelling is a place where people live or reside.  Case law indicates that hotels, college dorms, and even hospital rooms would qualify.

Regarding the third element - being armed with a dangerous weapon - Massachusetts is unique in that the weapon need not be deadly; only dangerous.  Accordingly, a book (if used to slam over a victim's head) or a pencil (for purposes of stabbing it into one's heart) would likely qualify as a "dangerous" weapon based on the purpose for which it was used.

There are many other interesting facets of the law when it comes to Home Invasion:

• A defendant may be charged and convicted under G.L. c. 265, §18C of multiple counts (one for each victim) of home invasion, even if there is only one unlawful entry, since the purpose of the statute is to protect the assaulted victims. 


• The "dwelling place of another" for purposes of the home invasion statute refers to a person's place of habitation, which is a question of occupancy, not ownership interest`


• An 'entry' for purposes of the home invasion statute occurs when there is 'any intrusion into a protected enclosure by any part of a defendant's body.'

If you are convicted of home invasion, there is a minimum twenty year prison sentence.  However, in some cases you may be sentenced to life imprisonment.

Our Massachusetts Home Invasion Attorneys
Defend Your Rights,
But the First Move Is Yours…

You're reading this because you - or somebody very close to you - recognize the seriousness of this Home Invasion criminal matter.  You know that this won't go away by ignoring it.  At the same time, you've probably come to the reality that public defenders are overworked and handle a high volume of cases at a time.  On any given morning, their case load can easily be up to 15 cases.  You would be just one of those 15 people, and as a result you may be left feeling that your case is not receiving the full attention it deserves. 

Calling the experienced and aggressive criminal defense attorneys at The Massachusetts Criminal Defense Group will help your anguish and fear slowly fade - it's called hope, but it only begins when you make the first phone call to our office. 

For a no-obligation consultation, day or night, call (800) 461-6900 for representation in any of the Massachusetts courts .

Given how some of our clients need the help of a friend or family member when it comes to arranging for legal representation and fees, we can agree to work with your designated party and accept your fees from another person if you prefer this option.