Michigan Home Invasion Attorneys
The Kronzek Firm’s attorneys are highly successful Michigan home invasion attorneys. We have a long history of successfully defending Michigan’s most serious felonies. If you are in need of assistance with a pending case or investigation, we are available to discuss your case. We have trial attorneys on call 24/7 for emergency consultations.
Home Invasion Defense Lawyers
There are three degrees of Home Invasion: first, second, and third degree. First degree is the most severe charge with third degree being the least. All of the degrees have one thing in common, and that is that there must be a breaking and entering of a dwelling involved in the crime.
Prosecutors routinely prosecute Home Invasion cases. The trial teams at The Kronzek Firm have extensive experience defending Home Invasion and other Breaking and Entering crimes. Our attorneys defend clients against Home Invasion charges in Ann Arbor, Detroit, Grand Rapids, Lansing, and throughout Michigan.
Defining Breaking and Entering
“Breaking” and “entering” are two separate and distinctive actions with historical definitions rooted in the common law. Actual breaking literally means using any amount of force, however slight, to gain entry to a building, container, or vehicle. Some examples include kicking down a door, shattering a window, or using explosives to blow a hole in a wall. Opening a fully-closed door or window, or even further opening a partially-closed door or window, constitutes a breaking.
There is another type of breaking referred to as constructive breaking. There are three categories of this type of breaking. First is where an entry is gained by threats. For example, if a person threatens to shoot through the door if it is not opened. Next is where an entry is gained by conspiracy. An example would be if an employee opens a door for a third party at an appointed time. Lastly is if an entry is gained through fraud.
For instance, if a person pretends to be a city inspector or police officer in order to gain entry to a home. The key to any constructive breaking is if there is a causal link between the illegal means of entry and the entry itself. So, there are plenty of other examples out there of constructive breaking. “Entering” simply means entering the premises after the breaking has occurred. When any portion of an intruder’s body crosses the building’s threshold for any period of time, an entry has occurred. Even stepping a foot into a doorway for one second is an entry.
Other Helpful Definitions
Here are some useful definitions in understanding the different degrees of Home Invasion. A “dwelling” is a shelter or structure that is used either temporarily or permanently as a home, including any attached structures like a garage. “Without permission” means without permission from the owner or renter or any other person lawfully in control of the dwelling. Next, a “larceny” is the theft of another person’s personal property with the intent of depriving the rightful owner of the item(s) permanently. In addition, a “dangerous weapon” means one or more of the following:
- An unloaded or loaded firearm, whether operable or inoperable.
- A knife, brass knuckles, club, stabbing instrument, blackjack, or other object specifically designed or usually carried as a weapon.
- An object that is likely to cause bodily injury or death when used as a weapon.
- An object or device that is used in a manner to lead a person to believe the object is a dangerous weapon as described above.
Other Ways a Person Can Be Charged
Under Michigan law, whether a person commits a crime directly or assists another person with the commission of the crime, he or she may be charged with the offense. So, for example, if a person were a getaway driver or just a “lookout,” that person could be charged and convicted, too. The prosecutor only needs to prove the following:
1) a Home Invasion was committed by a person in the assisting person’s group,
2) the assisting person encouraged or performed acts that aided the Home Invasion, and
3) the assisting person intended for the Home Invasion to occur or, at the time the assisting person encouraged or performed the acts, he or she knew the group member intended to commit a Home Invasion.
Having an Experienced Legal Team Can Make All the Difference
Contact us at The Kronzek Firm. We help people navigate the legal system and aggressively fight on a client’s behalf. When the possibility of prison time looms on the horizon, having an experienced legal team can turn the tide in a criminal defendant’s favor. Our lawyers have the combined experience of around 100 years. Call today for a free consultation. Our attorneys are generally available 24 hours a day for emergencies.
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