If you’ve been accused of home invasion in Michigan, it’s imperative that you understand the potential penalties associated with a conviction. Keep reading for more information and contact a knowledgeable Marquette property crimes lawyer today.
What is the Crime of Home Invasion?
A home invasion is generally defined as the unlawful entry into an inhabited dwelling with the intent to commit a crime. “Dwelling” refers to a structure or shelter used as a place of abode, and it does not have to be inhabited at the time of entry. It often involves a violent entry, though it is not a requirement of the offense.
There are varying degrees of home invasion, which are defined under the Michigan Penal Code Section 750.110a as follows:
- First-degree: Breaking and entering a dwelling with the intent to commit a felony, larceny, or assault in the dwelling, entering a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or breaking and entering a dwelling or entering a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, committing a felony, larceny, or assault while being armed with a dangerous weapon or when another person is lawfully present
- Second-degree: Breaking and entering a dwelling with intent to commit a felony, larceny, or assault in the dwelling, entering a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or breaking and entering a dwelling or entering 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
- Third-degree: Breaking and entering a dwelling with intent to commit a misdemeanor in the dwelling, entering a dwelling without permission with intent to commit a misdemeanor in the dwelling, breaking and entering a dwelling or entering a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, committing a misdemeanor, or breaking and entering a dwelling or entering a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violating a probation, parole, personal protection order, bond, or bail condition.
If there is evidence of you committing any of these actions, you could be convicted of home invasion and face severe repercussions.
What Are the Penalties for Home Invasion in MI?
The penalties for home invasion are harsh and match the severity of the crime. The actual outcome of a conviction will vary depending on the specific circumstances of the offense, but the general sentencing guidelines are as follows.
- First-degree: Felony offense punishable by imprisonment of up to 20 years and a fine of up to $5,000
- Second-degree: Felony offense punishable by imprisonment of up to 15 years and a fine of up to $3,000
- Third-degree: Felony offense punishable by imprisonment of up to 5 years and a fine of up to $2,000
Other consequences may be imposed depending on the situation at hand. Reach out to an experienced attorney for more information and representation during your case.
