Legal Question in Criminal Law in Michigan

is it home ivasion if the person was welcome in the house


Asked on 8/28/09, 2:26 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

No. Home Invasion requires that the defendant "break & enter" the dwelling OR "enter without permission". ('Breaking' just requires some force to enter, and pushing a door even the slightest bit to get in, or lifting a window to any extent can suffice. Breaking does not bean that damage occurred.)

But, if the defendant stole something inside a dwelling, it could be charged as Larceny in a Building, which is a felony.

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Answered on 9/02/09, 2:38 pm
William Morrison Action Defense Center

If you're romantically involved with a minor in the home; but her parents despise you and told you never to come in the house; and you sneak in through her bedroom window..., you're a home invader.

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Answered on 9/02/09, 6:47 pm


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