First Degree Home Invasion
A prosecutor must prove three elements beyond a reasonable doubt in order to prove first degree home invasion: that the defendant (1) entered a home without permission or broke in, (2) intended to commit or did commit a felony, larceny, or assault in the home, and (3) either was armed with a dangerous weapon or entered while another person was lawfully within the home.
In Michigan, first degree home invasion is a felony punishable by up to 20 years in prison, a fine of up to $5,000, or both. A Michigan court can order that a prison sentence for first degree home invasion be served separately from terms of imprisonment for any other crime committed during the home invasion.
Second Degree Home Invasion
In order to prove second degree home invasion, a prosecutor must prove beyond a reasonable doubt that the defendant entered a home without permission or broke in and intended to commit or did commit a felony, larceny, or assault while in the home.
Second degree home invasion is a felony punishable by a maximum of 15 years in prison, a fine of up to $3,000, or both.
Third Degree Home Invasion
To prove third degree home invasion, a prosecutor must prove beyond a reasonable doubt that the defendant broke into a house or entered without permission and either intended to commit or did commit a misdemeanor in the home or violated probation, parole, or a personal protection order.
Third degree home invasion is a felony punishable by a prison sentence of up to 5 years, a fine of up to $2,000, or both.
Each element of a home invasion charge must be proven beyond a reasonable doubt. If the prosecutor does not prove their case beyond a reasonable doubt than you should be found NOT GUILTY.
A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an imaginary or possible doubt, but a doubt based on reason and common sense. A reasonable doubt is just that a doubt that is reasonable, after a careful and considered examination of the facts and circumstances of the case.
Intent to Commit a Felony, Misdemeanor, Larceny, or Assault
A prosecutor must prove beyond a reasonable doubt that the defendant’s intent to commit a felony, misdemeanor, larceny, or assault. A person commits larceny when he or she steals another person’s money or property.
A defendant may have a number of defenses available against a charge of home invasion. First, a defense exists if the defendant had permission or the right to enter the home. A defendant may also have a defense if he or she did not actually commit a crime while in the home and was intoxicated so that the defendant did not have the capacity to intend to commit a crime.
Find a Criminal Defense Attorney
If you have been charged with home invasion or another crime, contact Aaron J. Boria, PLLC. Aaron Boria is a criminal defense attorney located in downtown Plymouth. Aaron has appeared for hundreds of criminal cases throughout Oakland County, Wayne County and all over Southeast Michigan. Our goal is to deliver powerful results for our clients. Contact Aaron J. Boria today for your free consultation (734) 453-7806