How long does a home invasion charge carry? 4 Answers as of May 12, 2014

I need to know how much time you can get for first degree home invasion.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Twenty years in prison.
Answer Applies to: Georgia
Replied: 5/12/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
First degree Home Invasion carries up to 20 years in Michigan.
Answer Applies to: Michigan
Replied: 5/8/2014
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Home invasion is not a legal term in California Law. However, a home invasion is a combination of several California Penal Code Sections. Depending on the facts of the case, a home invasion will include burglary, robbery, kidnapping, an enhancement for using a gun, and an enhancement for being a member of a gang. Burglary California Penal Code Section 459. Every person who enters any house, room, apartment, tenement, with intent to commit grand or petit larceny or any felony is guilty of burglary. California Penal Code Section 460. (a) Every burglary of an inhabited dwelling house, is burglary of the first degree. California Penal Code Section 461. Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. California Penal Code Section 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. California Penal Code Section 212. The fear mentioned in Section 211 may be either: 1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or, 2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. California Penal Code Section 209 (a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward or to commit extortion or to exact from another person any money or valuable thing, or any person who aids or abets any such act, is guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life without possibility of parole in cases in which any person subjected to any such act suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death, or shall be punished by imprisonment in the state prison for life with the possibility of parole in cases where no such person suffers death or bodily harm. (b) (1) Any person who kidnaps or carries away any individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole. (2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense. California Penal Code Section 12022. (a) (1) Except as provided in subdivisions (c) and (d), any person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an Gun Enhancement additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. Gang enhancements California Penal Code Section 186.22(b)(1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows: (A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion. (B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years. (C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years. As you can see the punishment will be harsh for this crime.
Answer Applies to: California
Replied: 5/7/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
1-10 or probation.
Answer Applies to: Nevada
Replied: 5/7/2014
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