Home Invasion Charges in Michigan
A person facing home invasion charges in Michigan faces years in prison and probation supervision. It is possible to avoid jail, and sometimes a conviction, with an aggressive, savvy defense.
Effective Defense Attorneys for Home Invasion Charges
As you might imagine, few charges get similar focus and attention from judges and prosecutors as home invasion charges. Because everyone can imagine the fear and trauma of a person entering their home without permission, defendants convicted of home invasion typically are treated harshly. It takes particularly influential and experienced defense attorneys to effectively and successfully defend a client accused of home invasion.
Types of Felony Home Invasion Charges in Michigan
There are three degrees of home invasion charges in Michigan:
- Home Invasion First Degree is a felony punishable by up to 20 years in prison and a $5,000 fine.
- Home Invasion Second Degree is a felony punishable by up to 15 years in prison and a fine of up to $3,000.
- Home Invasion Third Degree is a felony punishable by imprisonment for not more than 5 years and a fine of not more than $2,000.00.
Michigan Home Invasion First Degree
A person who breaks and enters a dwelling or enters without permission and with the intent to commit a felony, larceny, or assault is guilty of Home Invasion First Degree. A person who enters a home without permission and commits a felony, larceny, or assault would also be charged with first degree if the person is armed or another person is lawfully present.
Michigan Home Invasion Second Degree
A person who enters a home without permission with intent to commit a felony, larceny, or assault in the dwelling, or enters a home without permission and, at any time while they are there, commits a felony, larceny, or assault is guilty of home invasion in the second degree.
Michigan Home Invasion Third Degree
A person is guilty of home invasion in the third degree if they enter a home without permission with the intent to commit a misdemeanor or commits a misdemeanor. Similarly, a person would be charged with second degree home invasion if they enter a home without permission and, by doing so, violates probation, parole, a personal protection order, or term of bond.
Defenses for Home Invasion Charges
Even though prosecutors aggressively go after defendants charged with home invasion, an experienced defense attorney can make a substantial difference in the case’s outcome. The defense strategy can either be (1) innocence (not guilty) or (2) mitigation.
Various defenses can be used to show that a suspect or defendant is innocent. Defenses include actual mistake, misidentification, duress, lack of intent or knowledge, insanity, claim of right, and consent. Mitigation can include advocating for a reduction in charges or arguing for a lenient sentence. A savvy defense lawyer can use any viable defense or weakness in the prosecution’s case to advocate for a plea bargain. A defense lawyer with a known, positive reputation presents a credible threat to the prosecutor’s case and likely stands the best chance of achieving an extraordinary resolution.
How to Avoid Jail for a Home Invasion Conviction
Mitigation can also relate to the potential sentence a judge might impose. If a defendant accepts a plea bargain with a guilty or no-contest plea, they will face a judge at a sentencing hearing. Top criminal defense lawyers will have a wealth of knowledge and skill to persuade a judge to consider a lenient sentence or focus on rehabilitation instead of punishment. With the correct arguments and compelling evidence, even the toughest judges can be convinced not to impose jail or prison time.
“Is breaking and entering the same as home invasion?”
Breaking and Entering and Home Invasion are not the same crimes. Home Invasion charges relate to a dwelling, like a house, apartment, or condominium. Breaking and Entering charges are brought when someone illegally enters a business or other structure not used as a home or dwelling.
Felony Home Invasion Defense Attorneys
With decades of experience and a reputation for being among Michigan’s most effective defense law firms, LEWIS & DICKSTEIN, P.L.L.C., has represented countless clients on home invasion charges in courts throughout Michigan. We have vast experience and an unparalleled track record of achieving exceptional results. Clients who trust us with their representation can rest assured that everything reasonably possible will be done to protect and defend them in and out of court zealously.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.