Home Invasion – 1st, 2nd and 3rd Degree

HOME INVASION

★ Home Invasion First Degree
★ Home Invasion Second Degree
★ Home Invasion Third Degree

The charge of Home Invasion is broken down into three different degrees, with Home Invasion First Degree being the toughest penalty and Home Invasion Third Degree being the lightest.

When being investigated or charged with Home Invasion charges, no matter what degree, the accused should take these charges seriously. The penalty for a Home Invasion can be up to 20 years in prison.

Whether the police are at the investigative stage or charges have already been wielded against you, you need Blank Law, PC on your side. With Nicole’s years of experience both in the courtroom and outside of the courtroom, handling Home Invasion charges, you will be in great hands.

The facts of a Home Invasion oftentimes get complicated. Nicole is more than qualified to distinguish between facts and fictions that often come along with the charge of Home Invasion.

HOME INVASION FIRST DEGREE

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 First Degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:

(a) The person is armed with a dangerous weapon, or

(b) Another person is lawfully present in the dwelling.

BLANK LAW, PC EXAMPLE
HOME INVASION FIRST DEGREE

It does not matter if anything was actually “broken” once the accused entered the dwelling, however some force must have been used.

Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.

Entering a dwelling through an already open door or window without using any force does not count as a breaking.

It doesn’t matter whether the accused got his/her entire body inside the dwelling. If the accused put any part of his/her body into the dwelling after the breaking, that is enough to count as an entry.

For purposes of Home Invasion First Degree, Fourth Degree Criminal Sexual Conduct constitutes an assault.

A misdemeanor is enough for the “assault” requirement.

If the accused broke into an apartment with the intent to steal and sexually assaulted the tenant, that is enough to charge the accused with Home Invasion First Degree.

Home Invasion First Degree is a specific intent crime.

HOME INVASION FIRST DEGREE – ENTERING WITHOUT PERMISSION

There is another charge that is used specifically when Home Invasion First Degree is committed by means of entering the dwelling without permission.

A Home Invasion First Degree – Entering Without Permission charge has similar elements as Home Invasion First Degree, just more specific.

The charge of Home Invasion First Degree – Entering Without Permission has the same penalty as Home Invasion First Degree

PENALTY
Home invasion in the First Degree

Home Invasion First Degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.

A conviction for Home Invasion First Degree may be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

DEFENSES
For ALL Home Invasion Degrees

• The accused entered the home by mistake
• The accused lacked the required intent to commit a crime inside the home
• The accused has been falsely accused
• Mistaken identity

HOME INVASION SECOND DEGREE

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 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.

BLANK LAW, PC EXAMPLE
HOME INVASION SECOND DEGREE

It does not matter if anything was actually “broken”, however some force must have been used.

Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.

It doesn’t matter whether the accused got his/her entire body inside. If the accused put any part of his/her body into the dwelling after the breaking, that is enough to count as an entry.

Second Degree Home Invasion can be proved either with evidence of a “breaking and entering” or with evidence of entry without permission.

Home Invasion Second Degree is a specific intent crime.

HOME INVASION SECOND DEGREE- ENTERING WITHOUT PERMISSION

There is another charge used specifically when Home Invasion Second Degree is committed by means of entering without permission. The crime of Home Invasion Second Degree – Entering Without Permission.

The charge of Home Invasion Second Degree – Entering Without Permission has similar elements as Home Invasion First Degree – Entering Without Permission, just more specific. The charge of Home Invasion Second Degree – Entering Without Permission has the same penalty as Home Invasion Second Degree.

PENALTY
Home invasion in the Second Degree

Home invasion in the Second Degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.

DEFENSES
For ALL Home Invasion Degrees

• The accused entered the home by mistake
• The accused lacked the required intent to commit a crime inside the home
• The accused has been falsely accused
• Mistaken identity

HOME INVASION THIRD DEGREE

A person is guilty of Home Invasion in the Third Degree if the person does either of the following:

1. 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, OR
2. Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:

(i) A probation term or condition.

(ii) A parole term or condition.

(iii) A personal protection order term or condition.

(iv) A bond or bail condition or any condition of pretrial release.

BLANK LAW, PC EXAMPLE
HOME INVASION THIRD DEGREE:

It does not matter if anything was actually “broken”, however some force must have been used.

Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.

For entry, it doesn’t matter whether the accused got his/her entire body inside.

Home Invasion Third Degree is a specific intent crime.

Home Invasion is a felony, and falls under MCL 750.110a.

PENALTY
Home invasion in the Third Degree

Home invasion in the Third Degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.

DEFENSES
For ALL Home Invasion Degrees

• The accused entered the home by mistake
• The accused lacked the required intent to commit a crime inside the home
• The accused has been falsely accused
• Mistaken identity