Understanding Second-Degree Home Invasion Charges in Michigan

In Michigan, the crime of home invasion replaced the common law crime of burglary. Michigan recognizes three levels, or degrees, of home invasion. Second-degree home invasion occurs when a person breaks into the dwelling of another, intending to commit a felony.

Criminal charges for second-degree home invasion are serious, and a conviction carries severe penalties. To defend yourself, you need an experienced, tenacious, and aggressive defense lawyer who will work to minimize the severity of the penalties you could face.

Robert Elmen is a highly sought-after criminal defense attorney who represents people in Ann Arbor and throughout Michigan. Contact Elmen Legal today to schedule a free and confidential appointment to discuss your situation and how he can help.

What Is Second-Degree Home Invasion?

Second-degree home invasion occurs when someone breaks into the dwelling of another person intending to commit a felony, larceny, or assault. To convict someone of second-degree home invasion, the prosecutor must prove, beyond a reasonable doubt, that the defendant used force to enter the dwelling of another person. “Force” in this case includes actions like breaking a door or window, but can also include a comparatively minor action like opening a door or window, even if it was unlocked or not fully closed.

The primary difference between first-degree home invasion and second-degree home invasion is that second-degree home invasion does not involve the use of a deadly weapon, and no one was in the building at the time of the alleged crime.

How Is Second-Degree Home Invasion in Michigan Punished?

Second-degree home invasion is a felony punishable by 15 years in prison and a $3,000 fine.

Defending Against Charges of Home Invasion in the Second Degree

The primary defenses against charges of second-degree home invasion address (1) whether the defendant used force to unlawfully enter another person’s dwelling, and (2) whether the defendant intended to commit a felony while inside.

• Challenging Unlawful Entry. Proving a case of home invasion hinges on whether the defendant entered a dwelling illegally. A defendant cannot be convicted of home invasion if they owned the building or had a lawful right to be in it.
• The Building Was Not a “Dwelling.” The crime of home invasion can only occur when a person enters someone else’s dwelling. If no one lived in the building or it was abandoned, the prosecutor cannot prove a case of home invasion.
• Lack of Force. To prove the use of “force” in a home invasion case, the prosecutor must demonstrate the defendant exerted themselves to gain entry to the building. Even though only a minimal use of force is required, if the defendant did not use force to gain entry, the prosecutor cannot meet their burden of proving every element of the crime, beyond a reasonable doubt.
• Challenging Intent. Intent is a key element of the crime of home invasion. The prosecutor must prove the defendant intended to commit a felony or assault. Intent can be difficult to prove, and if there is no intent, the prosecutor cannot prove a case of home invasion.

You may have other defenses available to charges of second-degree home invasion, such as:

• Violation of your constitutional rights.
• Police misconduct during the investigation.
• Violation of your Miranda rights.
• Violation of your right to an attorney.
• Tampering with evidence.
• Witness tampering.

Every case is different, and your situation requires a customized approach that accounts for your unique circumstances. Elmen Legal will carefully investigate your case and work to identify seemingly minor details that could mean the difference between a conviction and a Not Guilty verdict.

How Elmen Legal Can Help

Elmen Legal is an experienced and highly sought-after criminal defense firm in Michigan. From his offices in Ann Arbor, defense attorney Robert Elmen represents people in Ann Arbor, Saline, Pittsfield Township, Chelsea, or Ypsilanti, in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.

Mr. Elmen is committed to protecting the rights of the accused and a staunch believer in due process and the presumption of innocence. He will protect your rights and fight to ensure you are not convicted of something you did not do. He will hold the prosecutor to their burden of proof and work to obtain the best result he can in your circumstances.

Contact Elmen Legal Today

Call (734) 707-8915 or contact Elmen Legal today for knowledgeable legal advice and to begin preparing your defense.