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

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

Home Invasion Charges in Michigan and Top Defenses

Home Invasion charges in Michigan come 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 house, the victim barricaded herself in a bedroom because she feared the defendant. The defendant kicked the door down and entered the room, assaulting the victim. The prosecutor charged him with home invasion in the first degree.

Before trial, the prosecution asked the court for a jury instruction that covered a fact pattern where a person who is lawfully in a home but breaks into a room inside the house without permission, 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 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’s conviction. This is why it is so essential to have excellent legal representation. A great criminal defense attorney would have been able to counter the prosecutor’s argument and ensure that Mr. Bush was acquitted of home invasion first degree. Thus, there would be no need for the cost and anxiety of an appeal.

Innocent or Not, You Deserve the Best Defense for Home Invasion Charges in Michigan

It does not make you a criminal or a bad person if you are charged with a Michigan home invasion or breaking and entering. Our team of defense attorneys frequently helps clients who have never been in trouble with the law but are now facing serious criminal charges. We’ve also represented thousands of clients with criminal records. LEWIS & DICKSTEIN, P.L.L.C.’s clients are treated with respect and compassion. Good people frequently find themselves in a problematic scenario that leads to charges in Michigan. It’s critical that you understand the difference between Home Invasion and Breaking and Entering charges if you’ve been charged with either in Michigan. Call our Home Invasion Defense Attorneys for a Free Consultation, and we will help you understand the charges, the penalties, and your options. We will work with you to develop a winning strategy. Trust us with your representation and you will get the best possible defense for a fair and affordable legal fee.

Michigan has three degrees of Home Invasion Charges

Home Invasion is breaking and entering into a home or dwelling in Michigan. There are three degrees of home invasion charges. The degree of the offense depends on the allegations. First-degree is the most severe charge, and third-degree carries the lowest potential sentence maximum.

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, a fine of up to $3,000, or both.

Home Invasion Third Degree is a felony punishable by imprisonment for not more than five (5) years or a fine of not more than $2,000.00, or both.

What You Need to Know About Michigan Home Invasion First Degree

A person who breaks and enters a dwelling or who enters a dwelling without permission with the intent to commit a felony, larceny, or assault in the dwelling, or while entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if they are armed or another person is lawfully present.

What You Need to Know About Michigan Home Invasion Second Degree

A person who breaks and enters a dwelling or who enters a dwelling without permission with the intent to commit a felony, larceny, or assault in the dwelling, or at any time while they are entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.

What You Need to Know About Michigan Home Invasion Third Degree

A person is guilty of home invasion in the third degree if the person breaks and enters a dwelling or enters a dwelling without permission intended to commit a misdemeanor or while entering, present in, or exiting the home, commits a misdemeanor, or while the person is entering, present in, or leaving the dwelling, violates any of the following ordered to protect a named person or persons:

A probation term or condition.
A parole term or condition.
A personal protection order term or condition.
A bond or bail condition or any condition of pretrial release.

Home Invasion Charges in Michigan are Serious. It Is Essential That You Have the Premier Criminal Defense Legal Team on your side.

LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s premier criminal defense law firm. Our attorneys are creative thinkers and can counter the best prosecutors on home invasion charges in Michigan. 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, P.L.L.C.’s attorneys, take great pride in their track record of success. Our lawyers have won cases in state and federal courts throughout the United States. They 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 an online Request for Assistance Form. We will contact you promptly and find a way to help you.