Home Invasion Charges

Aggressive Home Invasion Charges Lawyer

Former Prosecutor – Over 20 Years Experience

Proven Criminal Trial Attorney

HOME INVASION – 1ST DEGREE

Home invasion charges are among the most serious in Michigan criminal law.   To be convicted, there must be proof of a breaking and entering into someone’s dwelling, while someone was inside.   This crime also requires proof of intent to commit a felony, a larceny or an assault while in the home.  Finally, this charge requires proof that a dangerous weapon was possessed at some point during the break in.

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 charge, since no one is inside the dwelling at the time of the break-in.

HOME INVASION – 3RD  DEGREE

Another less serious version 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.

Maximum Sentence

The maximum sentence for a Home Invasion conviction varies based on the degree.   If there’s a prior felony conviction, then the sentence can be enhanced by the Michigan Habitual Offender law.

  • The maximum penalty for Home Invasion 1st degree is 20 years in prison and a fine.
  • The maximum penalty for Home Invasion 2nd degree is 15 years in prison, and a fine.
  • The maximum penalty for Home Invasion 3rd degree is 5 years in prison and a fine.

If you are facing home invasion charges, call us immediately.  We have successfully defended 100’s cases for the past 20 years.   Our firm is trained to evaluate the facts of your case, and obtain the best possible result.    Check out our Client Reviews and give us a call.

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 Patrick S. Fragel, Attorney at Law, P.C.

800.468.7004