Home Invasion Arrests In Connecticut (Part 2 of 2)
Home Invasion Arrests In Connecticut
(Part 2 of 2)
Fighting a 53a-100aa Home Invasion arrest in Stamford, Greenwich, Darien or any other Connecticut city or town requires diligence, experience and resolve. You and your top Stamford Connecticut criminal lawyer will appreciate just how serious your case is, as the minimum jail sentence you could receive for a guilty plea or conviction to a Connecticut Home Invasion arrest would be at least 10 years in jail. Therefore, your top Westport and Greenwich Connecticut criminal lawyer attorney will need to conduct a meticulous and thorough review of the evidence in your case. This includes careful scrutiny of police reports, video surveillance evidence, cell phone tower and other telecommunications forensic evidence, and the physical evidence from the crime scene. While the police presumably conduct a fair and thorough investigation, once they zero in on a suspect, the best Fairfield and Ridgefield Connecticut criminal lawyers have sometimes seen police work evolve from an investigation for information, into an investigation for confirmation. It is at this point that not every stone goes unturned and it is up to the best Connecticut Home Invasion and Burglary criminal lawyers to do the job the police should have done, for the collective benefit of the case and, more importantly, for your freedom.
Additional work will need to be done to fight your Connecticut Home Invasion arrest in Stamford, Greenwich, or Ridgefield. Private investigators and digital forensic experts sometimes need to be engaged to answer tough questions: Can cell phone evidence support your alibi? Do the police reports and eyewitness statements justify a true 53a-100aa Home Invasion arrest? Or can your top Ridgefield Connecticut criminal lawyer convince the judge and prosecutor that this is really a Connecticut Criminal Trespass case or, at most, a Burglary case and not a Home Invasion? Once your top Wilton Connecticut criminal attorney lawyer learns the answers to these questions, then they can begin the process of pre-trial negotiations with the prosecutors. During these conferences, your top Connecticut criminal lawyer can walk the prosecutor through the weaknesses in the government’s case that the police did not show them. These negotiations are most effective during the early stages of your case—before a trial date is set. So if you have been arrested for Home Invasion in Wilton, Greenwich or Darien under CGS 53a-100aa, then you should try to consult with a top Stamford Connecticut Burglary and Home Invasion criminal attorney as soon as possible.
Remember, Home Invasion and First Degree Burglary charges are Class A and B felonies, respectively, and are not eligible for the Accelerated Rehabilitation Program. That means you cannot avail yourself of any of the most popular diversionary programs. Only unique and specialized mental health or substance abuse and addiction programs are available, and, generally speaking, they are very difficult to get in Home Invasion arrests in Darien, Stamford, and Greenwich. Therefore, if you are wrongfully arrested in Stamford, New Canaan, Greenwich or Darien for Home Invasion, you should contact any of the best Connecticut criminal lawyers to discuss your options in fighting your Connecticut Home Invasion arrest.What’s the Difference Between a Home Invasion and a Burglary Arrest?
The very best Greenwich and Stamford Connecticut Home Invasion lawyers frequently see Connecticut law enforcement trump up Criminal Trespass and Burglary arrests to a CGS 53a-100aa Home Invasion case. Is the Home Invasion crime so similar to a First Degree Burglary case? The answer is yes. You see, the best Wilton and Danbury Connecticut criminal lawyers will likely tell you that Burglary in the First Degree criminalizes three particular scenarios which closely mirror the facts required for a Connecticut Home Invasion arrest.
The first scenario for Burglary in the First Degree is when you unlawfully enter or remain inside of a building, with the intention of committing a crime inside that building, while you are armed with a deadly weapon, an explosive, or some other dangerous instrument. This scenario could easily be elevated to a Home Invasion charge if one additional factor is present – there is an individual inside of the building other than yourself or any co-conspirator. You should also note that for this certain scenario of Burglary in the First Degree, the entry does not have to be into a dwelling; it may be a building. Pursuant to the Connecticut criminal law, a “dwelling” is defined as a building where people sleep at night, whereas a “building” is a broader term that can incorporate planes, trains, boats or most other structures with certificates of occupancy. For further clarification of the definitions for the terms used in the statutes defining Home Invasion and Burglary, click here to review C.G.S. 53a-100.
A second scenario punishable under the First Degree Burglary statute occurs when you enter into or remain inside of a building with the intention of committing a crime inside that building, and during the course of the offense, you inflict or attempt to inflict physical injury upon another individual, either intentionally, recklessly or knowingly. There are a few differences between this particular conduct and Home Invasion. First, it requires entry into a building, not a dwelling. Next, it requires injury or attempted injury of an individual, whether it was inflicted recklessly, intentionally or knowingly. Home Invasion, on the other hand, requires that a felony be committed against a person, and not just mere injury. This could be a serious assault, rape or sexual assault, or kidnapping. Finally, the Burglary statute does not specify who must be injured – in fact, it can be “anyone.” With Home Invasion, however, the person against whom the felony is committed must not be you or your co-conspirator.
The last type of conduct criminalized under the First Degree Burglary Statute is entering or remaining inside of a dwelling at night with the intention of committing a crime inside. This, like Home Invasion, requires entry into a dwelling rather than a building. Again, this could easily be elevated to a Connecticut Home Invasion arrest if someone other than yourself or a co-conspirator was present and either (1) you were armed with a deadly weapon, or (2) you committed a felony against that other person, such as a sexual assault or serious physical assault.
As you can see, the distinctions between Burglary in the First Degree and Home Invasion can be difficult to understand and appreciate. Most of the time, there is just one factor that can elevate a Burglary charge to a Home Invasion. This makes it all too easy for the police or Connecticut prosecutors to arrest you for Home Invasion in Stamford, Greenwich or Darien, and then try to strong-arm you into accepting a plea deal that requires you to plead guilty to Burglary in exchange for a lighter sentence and to avoid taking the risks of going to trial on charges for Home Invasion. The critical distinction between the two crimes is in their respective penalties. CGS 53a-199a Home Invasion is a Class A felony that carries a mandatory minimum of 10 years and a maximum of 60 years, while Burglary in the First Degree is a Class B felony, carrying a minimum mandatory sentence of five years in certain scenarios, and a maximum of 20 years imprisonment.Contact an Experienced Home Invasion Connecticut Criminal Lawyer at Mark Sherman Law Today
The Connecticut Home Invasion criminal lawyers at the Law Offices of Mark Sherman know just how high the stakes are in fighting Connecticut arrests for 53a-100aa Home Invasion. That’s why we offer our “two-attorney” guarantee that your entire case file, including all the police reports and witness statements, will be reviewed by at least two of our experienced criminal lawyers. Once reviewed, we will then sit with you and your family to discuss the most cost-effective defense strategy for your case. We will then meet with the judge and prosecutors to discuss the best possible disposition of your case. Know that our criminal lawyers are not afraid to push back against heavy-handed prosecutors and will take your case to trial if necessary. So if you are arrested for Home Invasion or Burglary in Darien, New Canaan, Greenwich or Stamford, then contact one of our experienced attorneys today. We are available at any hour, day or evening, to discuss your case. Call us today at (203) 358-4700 to schedule a consultation.Related Links: