The Law Office of Eric J. Sheppard
517-618-1580
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Home invasion    


In our American system of criminal justice, you are presumed innocent of all crimes until proven guilty beyond a reasonable doubt by a prosecuting official. If you or your loved one is accused or charged with a criminal offense, do NOT, under any circumstances, talk to the police. Reveal only your name, date of birth, address, and telephone number to the police, and do NOT consent to a police search or government official search of your body, home, telephone, computer, or vehicle without a search warrant. If you are facing questioning from a police officer or prosecuting official, contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580, and let Eric J. Sheppard fight for your rights. 

​ELEMENTS OF HOME INVASION CASES: 


M Crim JI 25.2a Home Invasion, First Degree—Breaking and Entering        

​(1)    The defendant is charged with home invasion in the first degree.1  To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
         (2)    First, that the defendant broke into 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.  Entering a dwelling through an already open door or window without using any force does not count as a breaking.
         (3)    Second, that the defendant entered the dwelling. 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 after the breaking, that is enough to count as an entry.
[Choose (4)(a) or (4)(b) as appropriate.]
         (4)    Third,
(a)     that when the defendant broke and entered the dwelling, [his / her] intended2 to commit [state offense]3
(b)     that when the defendant entered, was present in, or was leaving the dwelling, [he/she] committed the offense of [state offense]3
         (5)    Fourth, that when the defendant entered, was present in, or was leaving the dwelling, either of the following circumstances existed:
(a)     [ he/she ] was armed with a dangerous weapon, and/or
(b)     another person was lawfully present in the dwelling. 


M Crim JI 25.2b Home Invasion, Second Degree—Breaking and Entering        

(1)    [The defendant is charged with / You may also consider the lesser offense of] home invasion in the second degree.1  To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
         (2)    First, that the defendant broke into 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.
         (3)    Second, that the defendant entered the dwelling. 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 after the breaking, that is enough to count as an entry.
[Choose (4)(a) or (4)(b) as appropriate.]
         (4)    Third,
(a)     that when the defendant broke and entered the dwelling, [ he / she ] intended2 to commit [state offense]3
(b)     that when the defendant entered, was present in, or was leaving the dwelling, [ he / she ] committed the offense of [state offense]3
 
Use Notes
              1 This instruction is intended to specify the elements of home invasion in the second degree committed by means of breaking and entering, MCL 750.110a.  M Crim JI 25.2d is a separate instruction intended to apply when second-degree home invasion is committed by means of entering without permission.  Home invasion in the second degree is a 15-year felony.
              2 This is a specific intent crime.
              3 The elements of the offense intended should be given. 


M Crim JI 25.2e Home Invasion, Third Degree—Committing or Intending to Commit Misdemeanor        

(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
 
Use Notes
              1 This theory is a specific intent crime.
              2 The elements of the misdemeanor intended or committed should be given. 


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The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
​Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-351-7025