Schmierlaw is Experienced Home Invasion & Breaking and Entering Defense


Home Invasion Can Mean Life in Prison

A person commits a home invasion crime when, without permission, he or she knowingly enters a home belonging to someone else intending to commit a crime. For instance, someone breaks into another person's home to steal something or rob someone who lives in the house.

If the home is occupied or you carry a weapon, the maximum sentence for home invasion could be life in prison. And even if you are not carrying a weapon, you could still face a maximum sentence of fifteen years in prison if you are convicted of 2nd Degree Home Invasion. Plus, if you are carrying a gun, you will certainly be charged with Felony Firearm where your sentence would include a mandatory additional two years in prison. And even better, if the home is occupied and the person who has the right to be there has a gun, he has the every right to stand his ground and shoot you.

Schmierlaw has experience representing individuals charged with the crime of Home Invasion or breaking and entering by providing aggressive and affordable home invasion defense to protect your record and freedom.

Home Invasion Charges

Home Invasion in the First Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault and is armed with a dangerous or another person is lawfully in the building is guilty of home invasion in the first degree, a felony punishable by up to 20 years in prison.

Home Invasion in the Second Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault is guilty of home invasion in the second degree, a felony punishable by up to 15 years in prison.

Home Invasion in the Third Degree-A person who breaks and enters a dwelling without permission intending to commit or actually does commit a misdemeanor is guilty of home invasion in the third degree, a felony punishable by up to 5 years in prison.

Breaking and Entering

A breaking and entering occurs when a person breaks and enters a dwelling, house, tent, hotel, office, store, shop, building, boat, ship, railroad car or other structure used for public or private use without first obtaining permission. Even entering an ice shanty worth $100.00 or more could be considered a breaking and entering. It does not matter if the property is occupied or not nor does it matter if you actually had to break in or just entered through an unlocked door without permission

If you commit this crime, you could be guilty of a misdemeanor, face 93 days in jail, and pay a fine. Depending on the facts and evidence, Schmierlaw, an experienced breaking and entering and home invasion attorney may be able to convince the Prosecutor to reduce a Home Invasion offense to a reduced charge of Breaking and Entering.

Whatever the facts of your case, Schmierlaw will aggressively defend you rights and your record. Contact Schmierlaw for a free, initial consultation to talk about a home invasion or breaking and entering charge.


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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com