Traverse City Home Invasion Attorney
Michigan Home Invasion Charges
Are you facing home invasion charges? If so, you need an experienced criminal defense lawyer immediately. Attorney Patrick S. Fragel has successfully defended home invasion charges for over 25 years. Attorney Fragel provides valuable, experienced advice to create a personalized defense to the home invasion charges.
- Home Invasion – 1st Degree – Home invasion charges, typically called “breaking and entering,” are among the most serious crimes in Michigan criminal law. To be convicted of home invasion, there must be proof of a breaking and entering into someone’s dwelling, while someone was lawfully there. Home invasion 1st degree also requires proof of intent to commit a felony, a larceny, or an assault while in the home. Home invasion 1st degree requires proof that a dangerous weapon was possessed at some point during the break in. A person convicted of home invasion 1st degree faces up to 20 years in prison and a $5,000 fine. A consecutive sentence may be imposed for any other conviction arising out of the same transaction.
- Home Invasion – 2nd Degree – Home invasion 2nd degree occurs when there is a breaking and entering of a dwelling, but no one is in the dwelling at the time of the crime. Home invasion 2nd degree also requires proof that the defendant planned to commit a felony, larceny, or assault at some point during the break-in. This is a less serious version of home invasion, since no one is inside the dwelling at the time of the break-in. The maximum penalty for home invasion 2nddegree is 15 years in prison, and a fine of up to $3,000.
- Home Invasion – 3rd Degree – Another less serious version of breaking and entering is home invasion 3rd degree. This requires proof that the defendant broke and entered, or entered the dwelling without permission, with the intent to commit a misdemeanor or violate a court order while inside the dwelling. For example, if someone goes to a dwelling without permission of the owner or tenant and their bond conditions prohibits them from entering the dwelling, they could be charged with home invasion, 3rd degree. This charge does not require the owner or tenant to be home at the time of the break-in. Still, home invasion 3rd degree is felony, punishable by up to 5 years in prison and a $2,000 fine.
Build a Strong Defense to Breaking & Entering Charges
We carefully evaluate the facts of your case and your possible defenses. As an experienced criminal trial lawyer, Patrick S. Fragel will design a tailored legal strategy to defend against your charges.
If you are charged with breaking and entering, call immediately.
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