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Is Home Invasion a Serious Crime in Louisiana?

Updated: Apr 25, 2023

Home invasion is a serious offense in Louisiana and is punishable by a felony. When someone enters another person's home without permission with the intention to commit a crime, most frequently robbery or theft, it is a felony. The consequences of this crime could be severe for both the victims and the offenders.

Is Home Invasion A Serious Crime In Louisiana?

House invasion is punishable in Louisiana by a hefty jail sentence that can range from one to thirty years, depending on how violent the act was. The offender may also be required to pay hefty fines, apologize to the victim, and take part in treatment or rehabilitation programmes. Long-term ramifications of a home invasion conviction might include the following:


  • A lifelong criminal record.

  • Difficulties securing employment or housing.

  • The loss of key rights like the right to vote or carry a gun.


Home invasion is recognized as a serious felony offense in Louisiana due to the breach of a person's privacy and potential harm to the safety and security of the home's occupants. It may be more upsetting for the victims of this crime to feel violated and unsafe in their homes. The victims' fear and mental anguish may continue to affect them even after their physical wounds have healed. The way law enforcement has responded also indicates how serious the offense is. Home invasions are taken seriously by Louisiana's law enforcement, who devote a lot of time and resources to tracking down and apprehending offenders. Law enforcement agents will collaborate closely with the victims when gathering data and building a case against the offender. Prosecutors usually pursue convictions for this crime aggressively because of the serious threat it poses to public safety.


According to the "home invasion" definition under Section 62.8

Home invasion refers to the illegal entry into any inhabited dwelling or other structure that belongs to another and is used, in whole or in part, by that person as a home or place of abode with the intent to use force or violence against that person's person or to vandalize, deface, or damage that person's property while that person is present. The consequences for the crime of house invasion are a fine of no more than $5,000 and a term of no less than one year or more than thirty years in prison with hard labor; this can only happen if you go to a property damage lawyer for the claim.


One provision that could affect the penalty for a home invasion is the use of a lethal weapon. If a firearm or other lethal weapon was used in the crime, the severity of the punishments could be increased. The offender may receive a longer prison sentence and more fines. This provision asks for tougher punishment because it recognizes that utilizing a lethal weapon during a home invasion can significantly increase the threat to the occupants of the building.


Additionally, if the home invasion is committed with a dangerous weapon, the offender may face an additional sentence of not less than five years nor more than ten years, without the benefit of probation, parole, or suspension of sentence.


Furthermore, if during the commission of the home invasion, the offender causes serious bodily injury to another person, the offender may be imprisoned for not less than twenty years nor more than fifty years, without the benefit of probation, parole, or suspension of sentence.


It is also worth noting that Louisiana has a "Stand Your Ground" law, which allows individuals to use deadly force if they reasonably believe it is necessary to prevent unlawful entry into their home or to protect themselves or others from harm. However, the use of deadly force must be justified and meet certain criteria outlined in Louisiana law.


Another aspect of how serious a crime home invasion is is the potential for escalation. Those with a history of violence or susceptible to committing other crimes may commit this offense. The use of weapons or threats during a crime may indicate that the criminal is willing to use violence to advance their objectives. This behavior could worsen over time, resulting in more serious crimes like assault or murder. Also, the community is made aware that this kind of behavior won't be tolerated by aggressively prosecuting offenders, which may help to reduce the incidence of this crime with the help of a personal injury attorney.


In conclusion, home invasion is a felony offense in Louisiana. The severity of the offense is evidenced by the fines levied, the response of the police, and the potential for victim injury. The use of force or violence while committing the crime can make it more serious and may indicate a propensity for aggressive behavior in the future. Due to the potential for deterrence, the severe penalties associated with this crime are also a successful strategy in diminishing its incidence.


Disclaimer


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Gaynell Williams LLC Attorney at Law offers a free initial consultation to discuss your case. The first consultation can be in person or it can be virtual, on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.


This information has been provided for informational purposes only, is not intended, and should not be construed as legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.


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