As with any criminal case, in order for you to be convicted, the prosecutor must prove each element of the offense beyond a reasonable doubt. At Nessel and Kessel Law, we have a long and successful history dealing with Home Invasion charges. If you or a family member has been been charged with a Home Invasion offense, contact Nessel and Kessel Law today.
Home Invasion Charges
There are three different types of Home Invasion charges: first, second, and third degree. Home Invasion First Degree is the most serious, carrying a sentence of up to 20 years in prison. Home Invasion Third Degree is the least serious, carrying a sentence of up to 5 years in prison. While each charge is different, they all contain the common element of a “breaking” and “entering.”
Legalese, while spoken in English, is not the same language that you would speak on the street with your friend. For that reason, here are some terms that lawyers throw around when discussing “breaking and entering” type crimes.
Breaking: ANY type of force that is used to enter a building/home will satisfy the element of a “breaking.” Whether it’s actually breaking a window or pushing open an open door, the physical force used will be considered “breaking.”
Entering: ANY type of entrance into a building/home will satisfy the element of “entering.” This means that if any part of your body (or anything attached to your body) crosses the threshold of the building/home, that is “entering.” Sticking your hand into an open window, even for a second, would be “entering.”
Home Invasion Defense
At Nessel and Kessel Law, we have decades of experience dealing with home invasion charges. When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success. That’s what makes us some of Michigan’s top criminal attorneys. Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced. Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.
Home Invasion charges often turn on what the defendant’s intent was when they entered the home. It can often times be difficult if not impossible to prove what someone’s intent was. At Nessel and Kessel Law, we have the experience needed to persuade a prosecutor, judge, or jury that you did not have the necessary intent to convict you of a home invasion crime.
If you or a family member has been changed with a home invasion crime, contact the defense lawyers at Nessel and Kessel Law today.