Home Invasion Lawyer
Home invasion, or more commonly known as breaking and entering, is a serious criminal felony offense in Michigan. There are three degrees of home invasion. You will be charged with first, second, or third degree home invasion based on what the alleged facts of the case are.
What is 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. MCL 750.110a(2).
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, MCL 750.110a(5). 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.
What is 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. MCL 750.110a(3)
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, MCL 750.110a(6).
What is 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. MCL 750.110a(4)
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, MCL 750.110a(7).
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.
Definition of Intent to Commit a Felony, Misdemeanor, Larceny, or Assault
In all three degrees of home invasion the prosecutor must prove beyond a reasonable doubt that the defendant intended to commit a felony, misdemeanor, larceny, or assault inside the home. Larceny is a fancy word for when someone 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. Boria is a criminal defense attorney located in downtown Plymouth. He has appeared for hundreds of criminal cases throughout Oakland County, Wayne County and all over Michigan. Our goal is to deliver powerful results for our clients. Contact Aaron J. Boria today for your free consultation (734) 453-7806