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.
The Law Office of Eric J. Sheppard
5000 Northwind Drive, Suite 225
East Lansing, MI 48823
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-351-7025
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.
The Law Office of Eric J. Sheppard
5000 Northwind Drive, Suite 225
East Lansing, MI 48823
ericsheppard16@gmail.com
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-351-7025
