There are many reasons a person might find themselves charged with a home invasion or a breaking and entering crime. It is a serious conviction in the State of Michigan.
There are many details and categories that involve this conviction that can make it confusing for someone to understand what they are up against. Seeking advice from an experienced defense attorney will help to make sure you have a clear understanding of what you are facing.
What is Home Invasion?
Another term for home invasion is breaking and entering. According to the Michigan Penal Code, it involves breaking into any personal property over the value of $100,000 that is occupied or unoccupied without first gaining permission. That includes boats, cars, cottages, clubhouse, fishing lodges, and garages.
However, there are many details that can go into a crime. Michigan has written their laws to include the different possible ways that could involve a home invasion. Therefore, Michigan has different categories involving the home invasion crime. It is even possible for a defendant to be charged with multiple charges for one incident.
Categories and Punishments:
- Michigan Home Invasion in the First Degree
A person is guilty of home invasion in the first degree if they are convicted to breaking and entering a dwelling without permission with the intent to commit a felony, larceny, or assault. In addition, a person is guilty of first degree home invasion if they were armed with a dangerous weapon while they were committing the offense.
The punishment for first degree home invasion is a felony that can be punished with up to 20 years in prison and/or a fine up to $5,000.
- Michigan Home Invasion in the Second Degree
The charge is similar to home invasion in the first degree, however, there are a few differences. The big difference is that a prosecution does not have to prove that the alleged had a dangerous weapon. A person is still guilty of second degree home invasion if they have broken into a dwelling, without permission, with the intent to commit a felony, larceny, or assault.
The penalty for home invasion in the second degree is considered a felony. A person convicted can receive up to 15 years of prison time and/or a fine up to $3,000.
- Michigan Home Invasion in the third degree
A person is guilty of home invasion in the third degree when they enter a dwelling without permission with the intent to commit a misdemeanor in the dwelling.
The punishment for a person convicted of home invasion in the third degree can be imprisoned up to 5 years and/or fined up to $2,000.
- Breaking and Entering
Breaking and entering is considered the second category in a home invasion crime. The difference is that a breaking and entering does not occur in a dwelling. A person guilty of breaking and entering with the intent to commit a felony or larceny.
A person convicted of breaking and entering can face a felony conviction with up to 10 years in prison.
Seek Professional Help
There are other additional categories that a person can be convicted of when it comes to home invasion and breaking and entering. Having an experienced defense attorney can help break down the details of each conviction and help you build a strong defense. There are many directions that your attorney can take to help make sure you do not face any unjust and unlawful convictions. Please contact me today.
Let’s start fighting for your freedom.