In order to establish the crime of Home Invasion, the prosecutor must prove, beyond a reasonable doubt:
- That the defendant unlawfully entered the dwelling of another;
- That the defendant knew or had reason to know one or more persons were present within the dwelling house, or alternatively, that the defendant remained in the dwelling when he knew or had reason to know that one or more persons were present;
- That the defendant was armed with a dangerous weapon at the time of entry; and
- That the defendant used force or threatened the imminent use of force on any person within the dwelling house, or alternatively, that the defendant intentionally caused injury to any person within the dwelling house.
By definition, a 'dangerous weapon' is any instrument that by nature of its construction or the manner of its use is capable of causing grievous bodily injury or death or would be perceived by a reasonable person as capable of such injury.
If you have been charged with the crime of Home Invasion or any other Crime of Violence or Theft Crime, it is critical that you immediately consult with an experienced Massachusetts Criminal Attorney who can explain and best protect your legal rights.
Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons accused of Theft Crimes and Crimes of Violence, and is available 24/7. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.