A person commits a home invasion crime when, without permission, he or she knowingly enters a home of another with intent to cause a crime within the dwelling. If the home is occupied or you carry a weapon, the punishment for this crime could become life in prison. Plus if you are carrying a gun, you will certainly be charged with Felony Firearm. And better yet, if the home is occupied and the person who has the right to be there has a gun, he has the right to shoot you. Schmierlaw has experience representing individuals charged with the crime of Home Invasion by providing aggressive representation to protect your record and freedom..
Home Invasion in the First Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault and is armed with a dangerous or another person is lawfully in the building is guilty of home invasion in the first degree, a felony punishable by up to 20 years in prison.
Home Invasion in the Second Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault is guilty of home invasion in the second degree, a felony punishable by up to 15 years in prison.
Home Invasion in the Third Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a misdemeanor is guilty of home invasion in the third degree, a felony punishable by up to 5 years in prison.
A breaking and entering occurs when a person breaks and enters a dwelling, house, tent, hotel, office, store, shop, building, boat, ship, railroad car or other structure used for public or private use without first obtaining permission. Even an ice shanty worth $100.00 or more. It does not matter if the property is occupied or not or if you actually had to break in or just entered through an unlocked door without permission. If you commit this crime, you could be guilty of a misdemeanor, face 93 days in jail, and pay a fine. Depending on the facts and evidence, an experienced attorney may be able to convince the Prosecutor to reduce a Home Invasion offense to a reduced charge of Breaking and Entering.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com