Intent to Commit a Sex Crime
This is a serious crime in California. Anytime someone goes into somebody's home and is going to commit a crime, the prosecutors have their ears perked up and are ready to do some damage.
When that home invasion involves some sexual assault, those are some of the most seriously-prosecuted cases in Los Angeles County.
I've handled a lot of these cases in all of the courthouses – ranging from Downtown Los Angeles, the Westside into the Valley – and all the prosecutors, when it comes to burglary with intent to commit rape, are looking to hammer the defendant, put him in prison, make him register as a sex offender, and a lot of times – if they have the correct facts – they'll try to put the person away for fifteen to life.
First, the issue will be when the person entered the other person's home, did they intend to commit some sexual offense, like rape. Next is, does the person have a justifiable reason for being in the house, and finally, they're going to be looking at the jury, the prosecutor, and the judge – what evidence do the prosecutors have in this alleged sex crime case that the person intended to commit some rape.
Because if the person didn't intend to commit a rape, then they're not going to get them for this grave crime of burglary with intent to commit sexual assault.
Sexual assault is a pretty broad term. So, if you're breaking in to commit some sexual assault, it doesn't necessarily have to be rape. So, they will look at how the person was dressed and what the person did when they got in.
Then, a lot of times, if the person gets away, there's going to be identification issues as to whether or not they have any DNA to put him back at the scene or the alleged victim can identify the person as the individual who committed the assault with intent to achieve some sort of rape.
So, people don't realize that burglary is breaking the dwelling house of another with the intent to commit a felony if that felony happens to be rape or some sexual assault, that makes it a worse burglary than typically people trying to break into steal someone's property.
State Prison Time and Sex Offender Registration
You also have the issue of somebody being home. A person's home is their castle, and the prosecutors guard that. They don't want anybody breaking into their home either.
If they find out that somebody broke into a home and they were trying to commit some sex-related offense, they're going to be looking to put that person in prison.
They'll be looking to make them register as a sex offender, and sometimes, if the burglary is with intent to commit rape, they can get that conviction and put them away for fifteen to life – which gives them a big hammer.
It also gives them a lot of authority and power, because when you have a situation where you can potentially put life on the back end of somebody's sentence, you can negotiate with that person and say, listen, if you don't cooperate or if you don't take this deal – and a lot of prosecutors do this – we're going to put you in prison for a long time. You're looking at fifteen to live. You may never get out again.
With someone staring that in their face in a Los Angeles sex-related offense, the bottom line is, they're going to be ultra-careful in deciding whether or not they go to a jury trial – whether or not they want to risk that fifteen to a life sentence.
Preparing Defense Strategy for Best Outcome
So, if you're looking at a burglary with the intent to commit sexual assault in Los Angeles and you're looking for an attorney, come and sit down. We can talk about it. If it's your loved one that needs help, we can talk about it, and I can see your loved one and see exactly what's going on with the case and what I can do to help – what makes sense under the circumstances of the case.
Making the right decision from the beginning in these sex-related offenses is crucial because if you make the wrong decision, you could end up with a horrible result that a lot of times cannot be undone. So, pick up the phone. Make the phone call. We'll sit down and talk about it, and I'll get this case moving in the right direction.