Violation of the inviolability of a person's apartment or other possession is a crime under Article 160 of the Criminal Code of Georgia, which infringes upon a fundamental human right — security in one's own home. This article covers illegal entry into an apartment or other possession (summer house, garage, yard) against the person's will. Often, such actions are misqualified, as the line between illegal entry and a civil dispute (e.g., between a landlord and tenant) can be blurry. It is critically important for the accused to prove that they had a legal basis or permission to enter. Legal.ge offers qualified lawyers specializing in such cases to help protect your rights, whether during the investigation or in court.
What Does Home Invasion Defense Service Cover?
Our platform lawyers provide full legal support:
- Fact-Finding: The lawyer determines if the accused had any right (ownership, usage, permission) to enter. Conflicts often arise between family members or former spouses where entry rights are disputed.
- Disproving Intent: Proving that the person had no criminal intent and the action was due to a mistake or misunderstanding.
- Reclassification: Attempting to reclassify the act as an administrative offense or civil dispute rather than a criminal crime.
- Evidence Gathering: Interviewing witnesses, obtaining video recordings, and presenting documents confirming the legality of entry.
- Plea Bargaining: Negotiating with the prosecution for a lighter sentence or diversion (case dismissal).
Real-World Scenarios When You Need This Service
Charges can be brought in the following cases:
- Landlord-Tenant Dispute: An owner enters a rented apartment without the tenant's permission. Even though they are the owner, this can be considered a crime because possession has been transferred.
- Family Conflict: A former spouse goes to the house to pick up items when the other party opposes it.
- Mistaken Entry: A person confused the address or thought a friend was waiting for them.
- Forced Entry: When entry involves breaking a door or threats (an aggravating circumstance).
Georgian Legal Framework and Regulations
Home invasion is regulated by Article 160 of the Criminal Code of Georgia. The law protects not only ownership rights but also actual possession. This means the victim can be either the owner or the tenant. The crime is punishable by a fine, corrective labor, or imprisonment. A lawyer's knowledge of the practical application of this article is crucial.
Service Process
Working with a lawyer on Legal.ge involves:
- Consultation: Discussing case details.
- Strategy: Deciding whether to fight for innocence or admit guilt for a lighter sentence.
- Representation: Defense in police and court.
Why Choose Legal.ge?
Home invasion is a specific crime where the line between civil right and criminal law is thin. Our lawyers will help you maintain this line and avoid unjust conviction.
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