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 Defense
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
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.
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 Third Degree is a serious felony in the State of Michigan, meaning you need a top home invasion 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.