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Facing Home Invasion Charges Need Advice

Started by blknght184, Nov 02, 2017, 04:44:57 AM

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My ex and I had joint custody and her and her parents decided not to bring my son to our scheduled exchange.  I went to their house and knocked and heard my 3 year old son screaming for me to get him.  The door open quickly and I got punched in the face by my ex's father before he slammed the door.  I heard my ex's mother say "get the gun" and my son yelling "don't shoot daddy."  I went into the back yard and looked through the sliding glass door and saw my son pulling at the hunting rifle in my ex's father's hands.  I pulled the sliding glass door hard enough to break the lock, ran toward my son wrapped him up with my body and laid on the floor in the fetal position.  For about ten minutes I was beaten with the butt of the rifle in my face, punched and kicked by my ex and her sister, and had my ex fish-hook me and rip my cheeks at the corners of my mouth.  I finally grabbed the rifle end and had my son run to another room.  I let go of the gun and was hit several more times until I finally blacked out.  The police came and I woke up in the hospital in handcuffs and was charged with home invasion.  This was all planned out because my ex was arrested a week earlier for domestic battery.  I've got a public defender telling me to accept a plea for a felony with no jail time.  Any advice would be very helpful.  Thank you.


Hate to say it, but I think you really screwed this up.


It is never OK to enter someone's residence without their explicit permission. That will get you charged.
I would speak with another attorney and see if you can get the felony reduced to a misdemeanor.
I also don't know what the battery charges of the ex were for, but if it was against you, you may use it as a bargaining chip; you both drop the charges, and this all goes away.