Oakland County Home Invasion Lawyer
Home invasion is a specific intent crime now classified under the Michigan Criminal Jury Instructions as a form of Breaking and Entering; either a building or dwelling. Also, home invasion is classified into first, second or third degree. In each of the classifications, some force or entry without permission is required in order to establish this crime. Examples of the force necessary to complete this crime include: removing a screen, raising a window, or even something as simple as opening a door. The Oakland County home invasion lawyers at Clarkston Legal can assist if you are facing a home invasion charge. Reach out to us immediately.
Home Invasion Classifications
First degree home invasion requires the prosecutor to prove beyond a reasonable doubt that the accused used some force to break into a dwelling or entered the dwelling without permission; that the accused intended to commit a specific felony when breaking or entering the dwelling and, in fact, committed the specified crime; and at the time the accused entered the dwelling, either another person was lawfully present in the dwelling, or the accused was armed with a dangerous weapon.
Second degree home invasion is considered a “lesser offense” crime and consists of the following elements: the accused either broke into a dwelling using some force, or entered a dwelling without permission with any part of his or her body; that when the accused did so enter he or she intended to commit and did commit a specific felony.
Third degree home invasion requires the prosecutor to prove that the accused either broke or entered a dwelling without permission with the intent to commit a misdemeanor, and that the person did commit the misdemeanor. One of the most common specific misdemeanors committed in a third degree home invasion is the violation of a personal protection order or injunction.
There is also a specific form of home invasion known as entering without breaking where the accused enters a dwelling with any part of the body, without the use of any force whatsoever -say the front door was open, for example- with the intent to commit a misdemeanor.
In each of these crimes, the elements of the crime [felony or misdemeanor] the accused is alleged to have committed should also be provided in the form of jury instructions to a jury, if there is a trial in such a case. This means that the defendant may have certain specific defenses relating to the completion of the collateral crime.
An Oakland County Home Invasion Lawyer Can Help
If you are facing any type of home invasion charges, our Oakland County home invasion lawyers can help. We offer a free initial consultation to discuss your options. Call Clarkston Legal today.