Michigan Home Invasion Charges

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

Former Prosecutor – 2o Years Experience

Trial Attorney for Home Invasion Charges 

Successful Defense Lawyer for 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 20 years.   Attorney Fragel provides valuable, experienced advice to create the best 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.

Finally, 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 2nd degree 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 the Best Defense to Breaking and Entering Charges

If you are charged with Breaking and Entering, call us immediately. We carefully evaluate the facts of your case, and your defenses. As an experienced criminal trial lawyer, Patrick S. Fragel will design the best strategy to defend against the breaking and entering charges.  Check out our Client Reviews and give us a call.

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