Home Invasion: It's Exactly
What It Sounds Like

Home Invasion First Degree is the most serious home invasion charge in Michigan.  If convicted, you could face up to 20 years in prison and a $5,000 fine.  What makes Home Invasion First Degree even more serious is that if convicted of this and another crime, the law allows a judge to sentence a defendant consecutively.  This means that you would have to serve your sentence on the Home Invasion before you began getting credit for any other sentence you may receive.

The elements of Home Invasion First Degree are as follows:

1. The defendant breaks and enters a dwelling/home OR enters a dwelling/home without permission.
   
   
2. At the time of the entrance the defendant had the intent to commit a felony, larceny, or assault OR at any time during the entrance, presence, or exiting, the defendant did commit a felony, larceny, or assault.
   
   
3. While the defendant was entering, present, or exiting the home/dwelling there was someone lawfully present in the home/dwelling OR the defendant was armed with a dangerous weapon. 

Home Invasion Second Degree is the a serious felony charge in Michigan.  If convicted, you could face up to 15 years in prison and a $3,000 fine.  What makes rhe elements of Home Invasion Second Degree are as follows:

1. The defendant breaks and enters a dwelling/home OR enters a dwelling/home without permission.
   
   
2. At the time of the entrance the defendant had the intent to commit a felony, larceny, or assault OR at any time during the entrance, presence, or exiting, the defendant did commit a felony, larceny, or assault.

Home Invasion Third Degree is the least serious home invasion charge in Michigan.  But that certainly does not mean it is not a serious charge.  If convicted, you could face up to 5 years in prison and a $2,000 fine.

The elements of Home Invasion Third Degree are as follows:

1. The defendant breaks and enters a dwelling/home OR enters a dwelling/home without permission.
   
   
2. That the defendant had the intent to commit a misdemeanor OR while entering, being present, or exiting, the defendant did commit a misdemeanor.
   
   OR
   
   
3. During while entering, being present, or exiting, the defendant did violate a probation condition, a parole condition, a bond condition, or a personal protection order.