If you are charged with Home Invasion 2nd Degree in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.
Home Invasion, 2nd Degree is a class C felony that carries up to 15 years in prison (180 months). If you are arrested and charged with Home Invasion 2nd Degree, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.
Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.
The charge of Home Invasion 2nd Degree is detailed in the Michigan compiled laws, MCL 750.110a(3). The provisions of MCL 750.110a state:
(1) As used in this section:
(a) Dwelling means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.
(b) Dangerous weapon means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).
(c) Without permission means without having obtained permission to enter from the owner or lessee of the dwelling or from any other person lawfully in possession or control of the dwelling.
(2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:
(a) The person is armed with a dangerous weapon.
(b) Another person is lawfully present in the dwelling.
(3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.
(4) A person is guilty of home invasion in the third degree if the person does either of the following:
(a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor.
(b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:
(i) A probation term or condition.
(ii) A parole term or condition.
(iii) A personal protection order term or condition.
(iv) A bond or bail condition or any condition of pretrial release.
(5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.
(6) Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.
(7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.
(8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.
(9) Imposition of a penalty under this section does not bar imposition of a penalty under any other applicable law.
Home Invasion 2nd Degree under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Home Invasion, 2nd Degree with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 11 months. With no prior criminal record but horrible facts, the defendant can face 57 months. With a terrible criminal record and terrible facts, the accused can be looking at 114 months under the guidelines.
The jury instructions set forth the following elements for Home Invasion, 2nd Degree that must be proven beyond a reasonable doubt by the prosecuting attorney:
M Crim JI 25.2b Home Invasion, Second Degree-Breaking and Entering
(1) [The defendant is charged with / You may also consider the lesser offense of] home invasion in the second degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant broke into a dwelling. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.
(3) Second, that the defendant entered the dwelling. It does not matter whether the defendant got [ his / her ] entire body inside. If the defendant put any part of [ his / her ] body into the dwelling after the breaking, that is enough to count as an entry.
[Choose (4)(a) or (4)(b) as appropriate.]
(4) Third,
(a) that when the defendant broke and entered the dwelling, [ he / she ] intended to commit [state offense]
(b) that when the defendant entered, was present in, or was leaving the dwelling, [ he / she ] committed the offense of [state offense]
I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Home Invasion 2nd Degree. While there are a number of defenses to Home Invasion, 2nd Degree that we can explore during a consultation, the elements contained in M Crim JI 25.2b provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.
As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.