As with any crime, the sooner you retain the services of an experienced attorney to defend your case, the better chance you’ll have at avoiding a conviction. At Davis Law Group, we have significant experience defending home invasion cases, and we will fight to ensure you are given a fair trial.
First and Second Degree Home Invasion
Michigan Penal Code section 750.110a defines home invasion as:
- Breaking and entering a dwelling with the intent to commit a felony, larceny, or assault
- Entering a dwelling without permission with the intent of committing a felony, a larceny, or an assault
- Breaking or entering without permission into a dwelling, and committing a felony, a larceny, or an assault at the time of entering, exiting, or being inside the dwelling
A prosecutor may charge you with home invasion of the first degree when there is evidence that:
- You were armed with a dangerous weapon
- Another person was lawfully present in the dwelling.
The felony of home invasion of the first degree carries a maximum prison sentence of twenty years, and may involve an optional fine of up to $5,000.
Absent these aggravating factors, you may be charged with second-degree home invasion, which carries a maximum sentence of fifteen years imprisonment and an optional fine of $3,000.
Third Degree Home Invasion
Section 750.110a of the Michigan Penal Code defines home invasion of the third degree as:
- Breaking and entering a dwelling with the intent to commit a misdemeanor in the dwelling
- Entering a dwelling without permission with the intent of committing a misdemeanor
- Breaking and entering a dwelling and actually committing a misdemeanor while you are present in, entering, or exiting the building
- Breaking and entering a dwelling and in doing so violating a protection order, parole condition, probation condition, or a bond condition
The penalty for committing the felony of home invasion of the third degree may reach five years of jail time along with an optional fine of up to $2,000.
