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 First Degree charges. If you or a family member has been been charged with a Home Invasion offense, contact Nessel and Kessel Law today.
Home Invasion First Degree Defense
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.
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.”
The Nessel and Kessel Approach
Home Invasion First Degree is a major felony in the State of Michigan, meaning you need a top criminal defense attorney. When you retain Nessel and Kessel Law, we immediately begin to develop a comprehensive strategy for success. That’s what makes us some of Michigan most respected 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.
If you or a family member has been been charged with a Home Invasion offense, contact Nessel and Kessel Law today.