Home Invasion, Breaking and Entering, Burglary
A home or residence is given a great degree of protection in Michigan. If someone breaks into a home, or other building or business, it is almost always charged as a felony. Home invasions often involve larceny of property, jewelry, cash or other valuables. An offender of a home invasion offense can be ordered to pay restitution directly to the injured party or to the insurance company. Pursuant to Michigan criminal laws, home invasion, which is also known as breaking and entering or burglary, may be charged according to the degree of severity as defined by statutes.
| Degrees of Home Invasion | Requirements | Maximum Penalty |
|---|---|---|
| 1st Degree-Occupied Dwelling | Intent to commit felony | 20 years and/or $5,000 fine |
| 2nd Degree-Unoccupied dwelling | Intent to commit felony | 15 years and/or $3,000 fine |
| 3rd Degree-Unoccupied dwelling | Intent to commit misdemeanor | 5 years and/or $2,000 fine |
| Larceny in a Building | Lawful entry plus larceny | 4 years |
Many home invasions involve youthful offenders who are on drugs or involved with the wrong crowd. In other cases, a person may try to enter a building or dwelling where he or she once worked or lived but is no longer welcome. A person may be charged with larceny in a building where the entry does not involve a break-in or is otherwise lawful.
The offense of larceny often accompanies a breaking and entering. Larceny which involves $20,000 or more is a felony which can carry up to 10 years in prison. If the property is damaged, an additional charge of malicious destruction of property may be brought.
Contact the ABDO LAW FIRM if you contacted by the police or are charged with any offense involving home invasion, burglary, larceny or breaking and entering. We are Macomb County criminal defense lawyers and will take the best course of action such as trial or seeking a plea agreement to avoid jail or dismissal pursuant to HYTA or MCL 771.1. Phone: 586-412-5555
