Home Invasion – Lawfully in the Home, But Not Permitted in a Room

Can A Person Be Prosecuted For Home Invasion If Lawfully Inside House But Has No Permission To Enter A Room Inside That House?

Michigan Criminal Defense Attorney Team

Home Invasion Charges in Michigan and Top Defenses

Home Invasion charges in Michigan comes in different degrees (1st through 3rd degree). The common element of all home invasion offenses is that the person has no permission to be in the home. On April 26, 2016, the Michigan Court of Appeals released the case of People v Bush.  In Bush, the defendant was invited into the victim’s home by her adult son, who lived there. While in the home, the victim barricaded herself into a bedroom because she was afraid of the defendant. The defendant kicked the door down and entered the room, assaulting the victim. He was charged with home invasion first degree.

Before trial, the prosecution asked the court for a jury instruction that covered a fact pattern where a person is lawfully in a home but breaks into a room inside the home where there was no permission to enter can be guilty of a home invasion. The trial court agreed.

The Michigan Court of Appeals reversed the trial court, holding that “once a defendant enters a dwelling with permission, he cannot unlawfully enter the same dwelling where he is already lawfully present.”

This argument was a very creative argument on the part of the prosecuting attorney. The fact that the trial court accepted the argument resulted in the defendant being convicted. This is why is it is so important to have great legal representation helping you. A great criminal defense attorney would have been able to counter the prosecutor’s argument and see that Mr. Bush was acquitted of home invasion first degree. Thus, there would be no need for the cost and anxiety of an appeal. This is one of many examples of when an attorney who specializes in home invasion charges in Michigan.

Michigan Criminal Defense Attorney

LEWIS & DICKSTEIN, P.L.L.C. is the premier criminal defense law firm in Michigan. Our attorneys are creative thinkers and can counteract the ablest prosecutors. Prosecutors respect our attorneys and know that when one of the firm’s attorneys represents a defendant, the defense will not go down without a fight. Lewis & Dickstein’s attorneys take great pride in their track record of success. The firm’s attorneys have won cases in state and federal court’s throughout the United States. Our attorneys are all award-winning and take great pride in ensuring that the client’s constitutional rights are protected and that the Government follows all the rules.

Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.

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