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2nd Degree Home Invasion – Michigan 2nd Degree Home Invasion Attorneys

If you are facing a 2nd Degree Home Invasion charge in Michigan, consider turning to Michigan’s Premier criminal defense team for help. ¬†The Kronzek Firm PLC attorneys have been successfully fighting home invasion allegations for many years.

Our Defense Philosophy

Over the years, we have developed a philosophy that has worked well for our attorneys and our clients.  It includes the following:

  • We believe in working with the client¬†and¬†for the client. ¬†This means that we listen to you and work alongside of you. ¬†In our firm, the client is a critically important member of the team. ¬†That is why we spend so much time with our clients developing our defense, learning the facts and explaining the law.
  • We believe in ¬†a thorough investigation. ¬†That is why we work closely with your support group, interview witnesses, prepare carefully for every hearing. ¬†That is why we often hire the best private investigators. ¬†We love the “leave no stone unturned” approach to developing a defense.
  • We believe in staying current on the law. ¬†Statutes, Administrative Regulations and case law changes. ¬†It is important to our clients that we stay current on the law. ¬†We have legal research staff that provides us current and state of the art legal research. ¬†We are members of many legal organizations that help us constantly monitor changes in Michigan law that may affect you.
  • We believe in preparing every case for trial. ¬†That is how we get excellent results. ¬†There is no better way to get a good result in a criminal case than by having an attorney ready to go to trial acting on your behalf. ¬†This is true even if you don’t want a trial. ¬†The fact is, prepared, competent attorneys get better results for clients.
  • We believe in excellent client service. ¬†We insist that our attorneys take client calls. ¬†We insist that calls are returned promptly. ¬†We insist that client e-mails are read and responded to promptly. ¬†We believe that good client – attorney communication is a key to a successful outcome.

What is Second Degree Home Invasion?

 As you probably know by now, Home Invasion has three degrees. The crime of Home Invasion essentially replaced common law burglary.  2nd Degree Home Invasion is a felony with a maximum punishment of 15 years in prison or a fine up to $3,000.00, or both.

The following must be proven beyond a reasonable doubt for a conviction to result:

First, the defendant either:

  • Breaks and enters into a dwelling, OR
  • Enters a dwelling without permission.

Second, the defendant either:

  • Intends when entering to commit a larceny, felony, or assault in the dwelling, OR
  • At any time while entering, present in, or exiting the dwelling commits a felony, larceny, or assault. .

Defenses to Home Invasion

You cannot commit the crime of Home Invasion by entering your own home or a home that you have a lawful right to enter.  Therefore, it is a defense to this charge is that an individual had permission to enter the dwelling when there were no circumstances to diminish the permission. Since Home Invasion requires a criminal intent,  another defense would be that there were no intent to commit a felony, larceny, or assault at the time of entry.   There are many other defenses that would be important to any criminal case, although they need to be carefully evaluated on a case by case basis.  These include:

  • Violation of your federal constitutional rights.
  • Violations of your state constitutional rights.
  • Police Misconduct during the investigation or arrest.
  • Violations of your Miranda Rights.
  • Violations of your Right to an Attorney.
  • Tampering with Evidence.
  • Tampering with Witnesses.

Our attorneys are trained and skilled at spotting and litigating unique defenses.

Experienced Legal Advice is Just a Phone Call Away

At The Kronzek Firm PLC, our experienced lawyers will defend you every step of the way. We thoroughly analyze the evidence against you, mounting any legal or factual defenses available. Feel confident in being backed by a law firm with around 100 years of combined experience. Have questions? Call us for a free consultation at (866) 7-NoJail!. Our attorneys  are on-call  24 hours a day to help you.

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