Legal Question in Criminal Law in Michigan

Home invasion first degree with intent.

Well my wife and i have been married for three years now and one of her ex's has been causing problems such as phone harrasment, threatening to kill me and my family, sitting out in our drive starting things when we walk out in the morning. We've moved, changed phone numbers and made some police reports and he still continues. Not too long ago he showed up while my wife and kids were home and i was not. The two of them got into it and he pressed charges and she went to jail.(he dropped the charges later on) That night when she called me to get her out I had had enough. I went to his house knocked on the door a few times, he never answered. I kicked the door out of frustration and it broke in. I seen him inside and started yelling at him about everything that he had said and done to us and told him that he could come outside and settle this for once and for all. meanwhile my brother had thrown a bottle over me accross his apartment and smashed it plus threw his coffee table around me at him. after getting it all off my chest i backed out of the doorway and shut the door and left, my brother finished off by breaking his window. He has pressed charges against me and I do not know what to do.Facing 20yrs and 5000.00 fine.


Asked on 4/13/04, 10:21 pm

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Home invasion first degree with intent.

You should consult with an attorney who specializes in criminal defense. The facts that you gave do fit the definition of Home Invasion 1st Degree (MCL 750.110a):

1) break & enter a dwelling, or enter a dwelling without permission, and

2) with intent to commit a felony, larceny, or assault in the dwelling, and

3) at any time while entering, present in, or exiting the dwelling, you commit a felony, larceny, or assault, and

4) at any time while you are entering, present in, or exiting the dwelling either of the following circumstances exists: (a) you are armed with a dangerous weapon, or (b) Another person is lawfully present in the dwelling.

Here, you went to his house with the intent to assault him. Your explanation about how and why the door got busted in sounds a bit "convenient", but that may just be the prosecutor in me talking.

It sounds like your brother is also a candidate for charges -- either for aiding/abetting your home invasion, malicious destruction of property, etc.

In the future, don't take the law into your own hands, and don't "get things off your chest" in this way. If the guy is harassing you and/or your wife, try to get a personal protection order issued against him. Our web site has a lot of good info about PPOs (http://www.co.eaton.mi.us/ecpa/ppo.htm).

Again, you should get a copy of the police report, and consult with a criminal defense attorney.

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Answered on 4/15/04, 9:26 am
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Home invasion first degree with intent.

You need to find representation. I understand it is hard to sit back and watch this guy ruin your life, but you can't take matters into your own hands. Please call my office to set up a free consultation. These are very serious charges, you need help. Eric I. Kutinsky, Esq. (248) 330-9400

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Answered on 4/16/04, 7:34 pm


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