In Michigan, the crime of Home Invasion involves the entry into a dwelling with the intent to commit a crime, or entering and then actually committing a crime. In many ways, it resembles the common law crime of Burglary. A conviction of any of the three degrees of Home Invasion is likely to be taken seriously by a sentencing judge and substantial prison sentences are possible for all degrees of Home Invasion. If you or a loved one is being investigated or prosecuted for Home Invasion, the attorneys at Cronkright Law can help. We have extensive courtroom experience and knowledge of Michigan law.
Michigan Home Invasion Law
Michigan has three degrees of Home Invasion. First Degree Home Invasion is punishable by imprisonment for up to 20 years. Second Degree Home Invasion is punishable by up to 15 years in prison. Third Degree Home Invasion carries the possible penalty of 5 years in prison. In each case, Michigan’s Habitual Offender law can apply if the Defendant has prior felony convictions. Also, a sentence for Home Invasion in the First Degree can be made to run consecutive to (after) other convictions instead of concurrently (at the same time).
Differences in the Degrees of Home Invasion
Third Degree Home Invasion Law in Michigan
A Third Degree Home invasion is committed when a person does one of the following:
- Breaks and Enters the home intending to commit any misdemeanor
- Enters the home without permission intending to commit any misdemeanor
- Breaks and enters the home and actually commits a misdemeanor on the way in, on the way out or while in the dwelling
- Enters the home without permission and actually commits a misdemeanor on the way in or on the way out or while in the dwelling
- Breaks and Enters or Enters without permission and violates a court order, a probation term, a parole term, a Personal Protection Order or a bond condition designed to protect a person named by that order
Second Degree Home Invasion Law in Michigan
A Second Degree Home Invasion is committed when a person does any of the following:
- Breaks and Enters a home intending to commit a felony, steal something (a larceny) or an assault.
- Enters a home without permission intending to commit a felony, a larceny (theft) or an assault
- Either Breaks and Enters or enters without permission and actually commits a felony, a larceny or an assault.
First Degree Home Invasion Law in Michigan
A First Degree Home Invasion will always involve one of two aggravating factors, either:
- Another person is lawfully present at the time, or
- The Defendant is armed with a dangerous weapon. A dangerous weapon could be a gun, a knife or any object which could cause an injury If used as a weapon.
Home Invasion charges are not something to be taken lightly. You need an attorney dedicated to your defense and willing to go to bat for you. Contact Cronkright Law today.