Home Invasion Defense

Home Invasion

Michigan charges home invasion in three degrees under MCL 750.110a, all of them felonies, with maximums of 20, 15, and 5 years. The charge turns on the entry, the intent at the moment of entry, and who was present. We examine the identification evidence, the proof of intent, and the lawfulness of every search that produced evidence in the case.

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Understanding the Charge

Michigan Home Invasion: Three Degrees, All Felonies

Michigan's home invasion statute, MCL 750.110a, covers breaking and entering a dwelling — or entering a dwelling without permission — with the intent to commit a felony, larceny, or assault inside, or committing one after entering. First degree requires one of two aggravators: that the person was armed with a dangerous weapon, or that the person knew or had reason to believe another person was lawfully present in the dwelling. It carries up to 20 years and a fine of up to $5,000. Second degree is the same entry conduct without either aggravator, and carries up to 15 years and $3,000. Third degree reaches entry with intent to commit a misdemeanor, or entry that violates a probation order, parole order, or protective order, and carries up to 5 years and $2,000. There is no misdemeanor tier of home invasion in Michigan — all three degrees are felonies.

For first and second degree, the prosecution must prove the entry and that the intent existed at the time of entry, not that a crime was actually completed. Intent at the moment of entry is where these cases are usually decided. We also examine the identification evidence, which in residential cases is often a single witness identification or a low-quality surveillance image captured at night.

Michigan Penalty Tiers

What the statute allows.

Offense	Maximum Penalty
Home invasion 1st degree Armed with a dangerous weapon, or another person lawfully present · MCL 750.110a	Felony — up to 20 years, $5,000 fine
Home invasion 2nd degree Same entry conduct, neither aggravator · MCL 750.110a	Felony — up to 15 years, $3,000 fine
Home invasion 3rd degree Intent to commit a misdemeanor, or entry violating a probation, parole, or protective order · MCL 750.110a	Felony — up to 5 years, $2,000 fine
Breaking and entering Non-dwelling · MCL 750.110	Felony — up to 10 years
Attempted home invasion	Penalties track the attempt statute

All three degrees of home invasion are felonies; there is no misdemeanor tier. Penalties vary with the degree charged, the facts of the entry, and prior record. This table is a general summary, not legal advice about your case.

Defense Approach

What a home invasion defense examines.

Identification Evidence

Home invasion cases often rest on a single witness identification or low-resolution surveillance footage taken outside a property at night. We retain forensic image analysis professionals to evaluate footage quality, examine eyewitness reliability, and test the lineup or show-up procedure that produced the identification.

Intent at the Time of Entry

For first- and second-degree charges, the prosecution must prove criminal intent existed at the moment of entry, not afterward. We develop the explanation for the client's presence at the location, examine the inference of intent drawn from later conduct, and present evidence that the entry was made for a lawful purpose.

Suppression of Physical Evidence

Physical evidence recovered from a person, a vehicle, or a residence after a home invasion arrest requires proper search authority. We examine consent, exigency claims, and warrant affidavits, and seek suppression of property or other evidence obtained in violation of the Fourth Amendment.

Permission and Lawful Entry

Home invasion requires a breaking and entering or an entry without permission. Where the client had the owner's consent, including informal or implied consent, that goes directly to an element the prosecution must prove. We investigate the relationship between the parties, prior access patterns, and any communications bearing on permission to be there.

Common Questions

Home Invasion Questions Answered

What is the difference between home invasion and breaking and entering?

Home invasion under MCL 750.110a applies to dwellings — homes, apartments, and structures used as residences. Breaking and entering under MCL 750.110 applies to non-dwelling structures such as commercial buildings, garages, and barns. The maximums differ: first-degree home invasion carries up to 20 years and a $5,000 fine, second degree up to 15 years and $3,000, and third degree up to 5 years and $2,000, while breaking and entering a non-dwelling carries up to 10 years. All three degrees of home invasion are felonies.

What if I didn't actually steal anything — can I still be convicted?

Yes. Home invasion does not require that a crime actually be completed inside the dwelling. For first and second degree, the question is whether you entered or broke and entered a dwelling with the intent to commit a felony, larceny, or assault inside, or committed one after entering. Third degree under MCL 750.110a(4) also reaches entry with intent to commit a misdemeanor, and entry that violates a probation order, parole order, or protective order. Because the charge turns on intent at the moment of entry, the intent evidence is one of the first things a defense examines.

I was with other people but didn't go inside. Am I still liable?

Potentially. Michigan's aiding and abetting law allows prosecution of someone who assists, encourages, or facilitates a crime even without directly participating in the physical act. If you were acting as a lookout, provided transportation, or assisted in planning, you may be charged as a principal. We examine your specific role, the communications that can be proved, and your actual knowledge of what others intended, and we test the strength of any aiding and abetting theory against you.

Can a home invasion conviction be set aside?

Sometimes, but it is never automatic. Assaultive crimes are excluded from automatic set-aside under MCL 780.621g(10) and always require an application, and a set-aside is discretionary — the court must find it consistent with the public welfare. Lifetime caps also apply under MCL 780.621: no more than two assaultive crimes, no more than three felonies in total, and no more than one felony punishable by more than 10 years. That last cap matters here, because first-degree home invasion carries a 20-year maximum and second degree carries 15. We look at record-relief eligibility while the case is still open, so it is part of the discussion before any plea is entered.

Consultation

Speak with an Ann Arbor home invasion lawyer.

First-degree home invasion carries up to 20 years under MCL 750.110a. We examine intent, entry, and identification evidence from the start.

Request a Confidential Consultation Call (734) 887-6200