Many of you have commented and have expressed interest in the case involving the Becker College student who is facing home invasion charges. It goes without saying that home invasion is an extraordinarily serious allegation under Massachusetts law, and if a prison sentence is imposed, it carries a minimum 20 year sentence. As more and more home invasion allegations are being brought forward, it is important to focus on what the government must show in order to prove a home invasion charge.
To prove a home invasion under Massachusetts law, the Commonwealth must show: entry upon the dwelling house of another; at a time that the defendant knew or had reason to know that someone was present in the dwelling; while armed with a dangerous weapon upon entry; and finally that force was used upon any person within the dwelling, or any person within was threatened with the use of force, or injury was caused to any person within the dwelling.
The key element that separates a home invasion from other charges is being armed with a dangerous weapon upon entry into the dwelling. 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. The definition of a dangerous weapon also includes any instrument or instrumentality which, because of the manner it is used or is attempted to be used, endangers the life or inflicts great bodily injury, or that is calculated as likely to produce death or serious bodily injury.
As a result, if you or someone you know is facing a home invasion allegation, don’t take a potential 20 year prison sentence lightly. Contact a criminal lawyer today who will fight for you and who will attack the Commonwealth’s case.