Lansing, Michigan 1st Degree, 2nd Degree, and 3rd Degree Home Invasion Attorneys

Lansing, Michigan Home Invasions in Local News

If you live in or around Lansing, then you have undoubtedly heard of the rise of Home Invasion arrests in the area. There are varying degrees of Home Invasion in Michigan. There is Home Invasion in the first degree, Home Invasion in the second degree, and Home Invasion in the third degree. Home Invasion in the first degree is the most serious of these charges, and results in the highest statutory penalties. Ingham County Prosecutors routinely prosecute people charged with Lansing, Michigan Home Invasion. If you are convicted of Home Invasion, you could end up in prison for a long time. To avoid this, you need a local Lansing, Michigan skilled and aggressive Criminal Defense Attorney with experience defending Home Invasion charges. At Kronzek & Cronkright, PLLC, we have many years of experience representing Defendants who have been charged with Home Invasion, and best of all, we are located right in the Lansing Area.

What are “Breaking” and “Entering”?

Because Home Invasion relies on the historical principles of Breaking and Entering, it is helpful to define those terms. They are actually two separate things. Breaking means using any amount of force to break into a structure, building, container, or vehicle. This can include kicking down a door, using explosives to tear down a wall, or shattering a window. Opening a closed door or window, even slightly opening one that is already partially open, is enough to qualify as breaking. Entering is when the intruder places a part of his or her body inside the structure or when the intruder sends an object into the structure. The entering can last for hours or it can even be for one second.

What is Home Invasion?
Home Invasion is broken down into three degrees, each with varying elements and punishments:

Home Invasion in the First Degree - MCL 750.110a(2)

First Degree Home Invasion is a Lansing, Michigan felony punishable by up to 20 years in prison, a fine of up to $5,000, or both. This is the most serious of the Home Invasion crimes. The prosecution must prove beyond a reasonable doubt the following three elements before a Defendant is found guilty of this crime: First, the defendant must both break and enter a dwelling –or– the Defendant must enter the dwelling without permission. Second, the defendant must have formed the intent to commit a larceny, felony, or assault by the time he or she entered the dwelling –or– the Defendant must have actually committed one of those crimes while entering, present in, or exiting the dwelling. Finally, the defendant is armed with a dangerous weapon when entering, present in, or exiting the dwelling –or– while the crime is occurring, there is another person lawfully in the dwelling.

Home Invasion in the Second Degree - MCL 750.110a(3)

Second Degree Home Invasion is another felony and it is punishable by up to 15 years in prison, a fine of up to $3,000, or both. Home Invasion in the Second Degree is similar Home Invasion in the First Degree, with the difference being that the third element (involvement of a dangerous weapon or someone lawfully inside the dwelling) does not need to be met. If the prosecutor cannot prove just one of these elements, the Defendant cannot be found guilty of Lansing, Michigan Home Invasion in the Second Degree.

Home Invasion in the Third Degree - MCL 750.110a(4)

Third Degree Home Invasion is also a Lansing, Michigan felony, though it is the least serious of the Home Invasion crimes. It is punishable by up to 5 years in prison, a fine of up to $2,000, or both. Third Degree Home Invasion is different from Second Degree Home Invasion because the defendant must only posses the intent to commit a misdemeanor by the time he or she enters the dwelling; and the defendant must commit a misdemeanor while entering, is present or exiting the dwelling, – or – the defendant must violate the terms and conditions of bond, bail, a personal protection order, parole, or probation. Both of these elements must be met in order for the prosecutor to prove the Defendant committed Lansing, Michigan Home Invasion in the Third Degree.

I have a charge of Home Invasion, but I did not go into the house.
Generally, in order to be charged with Home Invasion, you need to break into and enter a dwelling or enter a dwelling without permission. So, what happens if a Home Invasion is committed as a group effort? In Michigan, we have what is called accomplice liability for Home Invasions done by a group. This means that a person with any type of participation in the crime can be charged for the commission of that crime. All that is required is that someone in your group committed a Home Invasion and that you—intending for the Home Invasion to occur—performed acts or gave encouragement that assisted in the Home Invasion, or that you knew your friend intended to commit Home Invasion at the time you helped or encouraged them. Lansing Home Invasion Defense Attorneys

As you can see, Home Invasion is a serious crime. We handle Home Invasion cases all over the state of Michigan, but many of our clients come from the Lansing area. We are ready and available to help you protect your rights! Our attorneys are standing by 24 hours each day waiting for you to give us a call. Our phone number is (517) 886-1000!