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