In Michigan it is also a crime to break into any dwelling with the intent to commit a felony or without permission. Such an offense is considered a home invasion and there are three punishable degrees. MCL 750.110a

Home invasion in the 1st degree is punishable by no more than 20 years imprisonment, a fine of no more than $5,000.00, or both. A 1st degree offense requires either there to have been a dangerous weapon used during the course of the break in or for there to have been a lawfully present person in the dwelling when the break in occurred.

Home invasion in the 2nd degree is punishable by no more than 15 years imprisonment, a fine of $3,000.00, or both.  A 2nd degree offense occurs when one breaks and enters with the intent to commit a felony, larceny, or assault, or during the course of the break in commits a felony, larceny, or assault.

Home invasion in the 3rd degree is punishable by no more than 5 years imprisonment, a fine of no more than $2,000.00, or both. A 3rd degree offense requires there be intent to commit a misdemeanor during the break in, or during the course of the break in a misdemeanor must be committed. Or if during the course of the break in an order of probation, parole term, or protective order is violated.

Neil Rockind, Metro Detroit's Finest Trial Lawyer

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