One of the things that can leave a person facing felony charges here in Michigan is being accused of home invasion.
Under Michigan law, the offense of home invasion is going into a dwelling through either breaking and entering or unauthorized entry and either committing a crime (or violation of certain protection-related orders) or having gone in with the intention to commit a crime.
The state breaks home invasion into three degrees: first, second and third. While all three degrees of the offense are felonies, the degrees vary greatly in their potential penalties. For example, the maximum fine possible shifts from $2,000 for third degree all the way up to $5,000 for first degree. Meanwhile, the maximum prison sentence shifts from five years for third degree up to 20 years for first degree.
So, when a person is facing allegations of home invasion, which degree they are charged with matters a lot. Many different factors can affect what degree of charges are leveled in a home invasion case. Which degree an offense of home invasion falls under depends on: what crime was committed or was intended to be committed during the invasion, whether anyone else was in the dwelling during the invasion and whether the perpetrator had a deadly weapon on them during the invasion.
So, the specifics of the allegations and evidence brought against them can have major impacts on just how severe of a situation a person accused of home invasion is in. Skilled Michigan defense attorneys can advise defendants in home invasion cases in the state on what the specifics of their case mean for how severe of charges they are facing and on what approaches are available to them when it comes to their defense.