The Law Offices of A. L. Williams and Associates, LLC.
Home invasion is an unauthorized and forceful entry into someone’s dwelling. This crime is governed by state law and varies from state to state. This can be broken down into three degrees.
• A person who breaks and enters without permission with the intent to commit a felony, assault, or larceny in a dwelling with a lawfully present person is in the first degree. This is a felony punishable by imprisonment for not more than 20 years or a fine, not more than $5,000.00, or both.
• A person entering a dwelling without permission and he or she commits a felony, assault, or larceny is guilty of home invasion with a loaded or unloaded weapon (operable or inoperable), knife, brass knuckles, or any object used to cause bodily injury or death with the intent to cause a felony, larceny, or assault with other party is lawfully present in the second degree. This is a felony punishable by imprisonment for not more than 15 years or a fine, not more than $3,000.00, or both.
• A person is guilty of a home invasion in the third degree if they break and enter a dwelling with the intent to commit a misdemeanor in the home without permission. At the time while he or she is entering and lawfully persons are present in the home and violate any of the following:
- A parole term of condition.
- A probation term or condition.
- A bond or bail condition or any condition of pretrial release.
- A personal protection order term or condition.
This is a felony punishable by imprisonment for not more than 5 years or a fine, not more than $2,000.00, or both.
The court may order a term of imprisonment imposed for a 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.