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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| HOME INVASION |
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What is Home Invasion? |
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Home invasion is breaking and entering an occupied dwelling, such as a house, to steal, or commit a felony or assault inside. |
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There are three degrees of home invasion:
First degree: Armed with a dangerous weapon or another person is lawfully present. Second degree: Intent to commit a felony and does commit the felony. Third degree: Intent to commit a misdemeanor and does commit a misdemeanor.
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Examples:
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Penalties:
The penalties for home invasion are separated by the degree charged.
First degree: up to 20 years in prison and/or $5,000 Second degree: up to 15 years in prison and/or $3,000 Third degree: up to 5 years in prison and/or $2,000
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What Defenses Are There? |
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Claim of right: |
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The perpetrator owned the dwelling he broke into. |
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Lack of intent: |
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The perpetrator did not break in to commit a crime, but for some other reason, such as shelter. |
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Jury Instruction |
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The defendant is charged with the crime of breaking and entering an occupied dwelling. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant broke into a building. 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. Entering a building through an already open door or window without using any force does not count as a breaking. Second, that the defendant entered the building. It does not matter whether the defendant got his entire body inside. If the defendant put any part of his body into the building after the breaking, that is enough to count as an entry. Third, that when the defendant broke and entered the building, he intended to commit [state offense]. Fourth, the building involved must have been occupied as a place to live at the time of the breaking and entering. It does not matter whether the people who lived there were at home at the time.
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Why Should You Hire the Ambrose Law Group? |
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Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
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