With Lengthy Prison Sentences, Home Invasion Cases are Extremely Serious

Michigan Home Invasion Crimes

“The leading rule for the lawyer, as for the man of every calling, is diligence”
— Abraham Lincoln
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What is a Michigan Home Invasion?

In Michigan, it is against the law for somebody to break into another’s dwelling. This in the basis of all home invasion charges. From this basic idea, Michigan has criminalized numerous different breaking and entering scenarios, resulting in the various degrees of home invasion. These home invasion crimes can be found in MCL §750.110a. At its most serious, a home invasion first degree charge carries with it the possibility of twenty years imprisonment, a major sentence.

Home Invasion First Degree

A Michigan Home Invasion First Degree charge punishes one for:

  1. breaking and entering into a dwelling with the intent to commit a felony, larceny, or assault in the dwelling;

  2. entering a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling; or

  3. breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault.

In order for the charge to be a Michigan First Degree Home Invasion, the accused must have been armed with a dangerous weapon, or there was a lawfully present person in the dwelling. As stated above, this carries a maximum twenty year prison sentence and judges generally issue serious sentences in Michigan for Home Invasion First Degree convictions.

Home Invasion Second Degree

In Michigan, per MCL §750.110a(3), a person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree. The maximum punishment for a Michigan home invasion second degree is fifteen years of prison.

Home Invasion Third Degree

Any person who breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor, is guilty of home invasion third degree.  The punishment for a third degree home invasion is a possible five year prison term.

What is a “Dwelling"?”

Per the Michigan Home Invasion Statute, a dwelling is a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter. From this definition, Michigan courts have given broad scope to the limits of a dwelling. Basically, a dwelling is much more than a house and can potentially include places surrounding a house. There are great defense challenges available when a prosecutor tries to charge a home invasion for conduct that took place outside of a home.

Fighting Home Invasion Charges in Michigan

There are always issues involving intent when it comes to home invasion charges in Michigan. We are criminal attorneys who have represented many people charged with the various degrees of home invasion. Call us today and let’s see what we can do to win your case.