In Michigan, the crime of Home Invasion is split into three different degrees. First degree home invasion is the most severe, and has the most severe punishment, while third degree home invasion has the least severe punishment.
If you have been charged with home invasion call Aaron J Boria today. Aaron J. Boria has handled hundreds of criminal cases all over Michigan. Home invasion involves the breaking and entering of the dwelling of another with the intent to commit a crime. For the prosecution to prove a crime was committed all the elements must be satisfied.
Common terms used by lawyers in Home Invasion
Breaking means using any amount of force however slight to gain access to the interior or a structure, building, car etc. Breaking does not require physical breaking. It could be pushing a door open or lifting a window.
Entering means physically going into the structure. Entering can include the entire body or just a portion of the body. Entering can also be accomplished by using an object as an extension of your body. An example would be using a crow bar or clothes hanger to reach something in the structure.
Dwelling is the structure or shelter used as the persons permanent or temporary as a place of abode. This includes structures attached to the dwelling such as a porch or garage.
First Degree Home Invasion
A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling OR
A person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling.
If at any time while the defendant was entering, present in, or exiting the dwelling, commits a felony, larceny, or assault AND the defendant was armed with weapon OR their was a person lawfully present in the house at the time of the break in, the defendant can be charged with first degree home invasion.
The penalty is a felony punishable by no more than 20 years in prison or a fine of no more then $5,000 or both.
A first-degree offense of home invasion can be knocked down to a second-degree offense if the defense can show either there was no weapon involved or there was no one lawfully in the dwelling.
Second Degree Home Invasion
A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling OR
A person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling.
If at any time while the defendant was entering, present in, or exiting the dwelling, commits a felony, larceny, or assault, they can be charged with second-degree home invasion.
The penalty is a felony punishable by no more then 15 years in prison or a fine of no more than $3,000 or both.
Third Degree Home Invasion
A person who breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, OR
enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, OR
breaks and enters and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor, OR
violates any of the following ordered to protect a named person or persons: a probation term or condition, a parole term or condition, a PPO term or condition, or a bond, bail condition, or any condition of pretrial release.
Penalty is a felony punishable by no more then 5 years in prison or a fine of no more than $2,000 or both.
Defenses
If the prosecution cannot prove all of the elements of a home invasion your case could be dismissed or result in a not guilty. The defense can show that you lacked the intent to commit a crime, or that you had permission to enter the home or dwelling, you could have been falsely accused, or misidentified. Call Aaron J. Boria today for a free consultation (734) 453-7806.
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