Michigan Criminal Law: Theft/Larceny Crimes; Home Invasion Third Degree

Home Invasion charges combine elements of larceny/theft offenses with an alleged act of breaking and entering into a home or residence. Specifically, home invasion charges relate to alleged acts involving “dwellings,” or “a structure or shelter that is used permanently or temporarily as a place of abode”…i.e., residential buildings, as opposed to commercial or non-residential businesses. MCL 750.110a (1)(a).
Home Invasion charges are broken down by degree; ranging from Home Invasion 1st Degree, the most serious, to Home Invasion Third Degree, the least serious of these types of charges. MCL 750.110a. There are related but less severe charges (trespassing, entry without permission, etc.); however, this particular page focuses on specifically Home Invasion charges; to wit, Home Invasion Third Degree.
Penalties, if convicted, for a Home Invasion Third Degree, start as “a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or bothMCL 750.110a (7). This may be enhanced if a person is charged as a habitual offender. There may be additional sanctions such as restitution, probation, or other sanctions if convicted as well.

Home Invasion Third is often considered as a lesser offense to the other more severe Home Invasion charges. The key distinguishing feature of this particular variation is that the prosecutor must prove that the alleged defendant broke into the dwelling to commit a misdemeanor. Crim. JI. 25.2e.
As the Model Jury Instruction explains, in order to prove the charge of Home Invasion Second Degree beyond a reasonable doubt, the prosecutor must show the following:

(1)  [The defendant is charged with / You may also consider the lesser offense of] home invasion in the third degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [broke and entered / entered without permission] a dwelling. [It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.] [For an entry, it does not matter whether the defendant got (his / her) entire body inside. If the defendant put any part of (his / her) body into the dwelling, that is enough to count as an entry.]

[Choose (3)(a) or (3)(b) as appropriate:]

(3) Second,

(a) that at the time of the [breaking and entering / entering without permission] the defendant intended to commit a misdemeanor.1

(b) that when the defendant entered, was present in, or was leaving the dwelling, [he / she] committed a misdemeanor.2

Crim. JI. 25.2e There is a variation of these instructions if the defendant allegedly entered a dwelling and this alleged act violated a protective order. Crim. JI. 25.2f.

Home Invasion Third Degree, for the purposes of sentencing scoring, is considered to be a less serious offense; scored on a E “grid,” (Solicitation of Murder, for example, is scored on an A grid, while more minor felony charges are scored on G or F grids). This is the least severe of the grids in comparison to either a Home Invasion First or Second Degree charge.

Unless there are some very usual circumstances which would result in a very high guidelines score, people may be looking at a county jail terms for their possible sentence if convicted of Home Invasion Third Degree. Their maximum sentence starts at five years and goes up if they were convicted as a habitual offender. Ultimately, a person’s possible sentence depends on their scoring and the alleged facts of the case.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on the Michigan charge, “Uttering & Publishing,” click here.
For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here.

Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.