Home Invasion Charges in Michigan: The Degree Charged Makes All the Difference.

Michigan Home Invasion Law: All Degrees Are Felonies

Michigan’s home invasion statute (MCL 750.110a) criminalizes entering without permission a dwelling with the intent to commit a crime inside. Intent at the moment of entry is the critical battleground.

Home Invasion Degree Comparison

• 1st Degree: Armed or person lawfully present. Up to 20 years, $5,000 fine.
• 2nd Degree: Felony/larceny/assault intent. Up to 15 years.
• 3rd Degree: Misdemeanor intent or order violation. Up to 5 years.
• Breaking and Entering: Non-dwelling. Up to 10 years.

What’s at Stake

• Permanent felony record
• Loss of firearm rights
• Consecutive sentencing possible for 1st degree
• Significant prison terms

Our Home Invasion Defense Strategies

Identification Challenges

Home invasion cases often hinge on a single witness identification or low-resolution surveillance footage. We retain forensic image analysis professionals to evaluate footage quality and challenge eyewitness reliability.

Intent at Time of Entry

The prosecution must prove criminal intent existed at the moment of entry. We establish explanations for presence at the location and challenge the inference of intent from subsequent conduct.

Suppression of Physical Evidence

Physical evidence recovered following an arrest requires proper search authority. We challenge consent, exigency claims, and warrant affidavits to suppress evidence obtained in violation of the Fourth Amendment.

Permission and Lawful Entry

Home invasion requires entry without permission. If our client had the owner’s consent — even informal or implied consent — the charge fails. We investigate prior access patterns to establish a lawful basis for being present.