Home Invasion is a very serious criminal charge that carries severe penalties. Even for first offenders, prison is not uncommon. If you have been charged with home invasion, you need to be represented by an experienced Michigan criminal defense attorney.
Home Invasion involves the breaking and entering or entering of a dwelling and is divided into three degrees The first degree is the most severe and third degree is the least severe. Here are a list of the degrees and what the prosecutor must prove.
First Degree Home Invasion
Breaking and entering or entering with the intent to commit or actually did commit a felony, larceny, or assault and the defendant was either armed with a dangerous weapon and/or a person was lawfully present in the dwelling.
This is a felony punishable by up to 20 years in prison and $5,000 in fines.
Consecutive Sentencing– the court may impose consecutive sentencing meaning you would have to first serve your sentence for any other crime or crimes you were convicted of during the home invasion before serving your sentence on the home invasion charge.
Second Degree Home Invasion
Breaking and entering or entering of a dwelling with the intent to commit a felony, larceny, or assault or actually did commit a felony, larceny, or assault.
This is a felony punishable by up to 15 years in prison and $3,000 in fines.
Third Degree Home Invasion
Breaking and entering or entering of a dwelling with the intent to commit a misdemeanor or actually did commit a misdemeanor.
Breaking and entering of a dwelling as a violation of probation, parole, bond condition, or pretrial release order to protect a named person(s).
This is a felony punishable by up to five years in prison and $2,000 in fines.
Breaking and Entering Defined
Breaking– applying any force, however slight, to the home such as the door or window to gain entry. Even barely pushing open the door or merely raising the window is enough.
Entering– any part of your body that crosses the plane into the home. The entire body is not needed. Just passing your arm through the window is sufficient.
A home, or dwelling is a structure or shelter that is used temporarily or permanently as a place to live. This includes an appurtenant structure that is attached to the structure or shelter such as a loft over a restaurant.
Other Ways to be Charged– Accomplice and Co-conspirator liability
Even though you may not actually partake in the home invasion, you can still be charged and suffer the same penalties. If you act as an accomplice or as a co-conspirator, you will be charged with the same offense. For example, you can be charged with home invasion under the accomplice or conspirator theory by acting as a “lookout” during the robbery. If you plan with someone before the home invasion occurs and help them get tools to perform the job, you can be charged as a conspirator. Just because you weren’t there and got caught with the rest of them, doesn’t mean you are off the hook.
Michigan prosecutors treat home invasion very seriously. A conviction can have a devastating impact on your future and career. You need an attorney with experience in handling serious felony cases who is invested in the outcome to get you the best possible result. Call Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan home invasion attorney.
Representing robbery and home invasion clients throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Barry, Livingston, Shiawassee, Washtenaw, Kent, and Gratiot in the cities of: Lansing, East Lansing, Mason, St. Johns, Bath, Jackson, Hastings, Brighton, Howell, Corunna, Durand, Ann Arbor, Grand Rapids, and Ithaca.