Home invasion in Michigan has three degrees. First degree carries up to 20 years in prison, second degree up to 15 years, and third degree up to 5 years. The charges are set by MCL 750.110a.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Home invasion at a glance
| First degree | Entering a dwelling (by breaking in or without permission) with intent to commit a felony, larceny, or assault, while armed with a dangerous weapon or when another person is lawfully present. Up to 20 years or a fine of up to $5,000, or both |
|---|---|
| Second degree | The same entry and intent without the weapon or lawful-presence condition. Up to 15 years or a fine of up to $3,000, or both |
| Third degree | Entering with intent to commit a misdemeanor, or entering while violating a probation, parole, personal protection order, or bond condition that protects a named person. Up to 5 years or a fine of up to $2,000, or both |
| Level | Felony in all three degrees |
How does a home invasion case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, reduction, plea, or trial.
What matters in the defense
- Intent. The prosecutor must prove what you meant to do when you entered.
- Permission to enter. Consent from someone with authority can defeat the charge.
- Identification. Who entered the home is often disputed.
- Degree. Whether a weapon or another person was present decides the degree and the penalty.
Related pages: domestic violence and misdemeanor or felony offense.
Frequently asked questions
What is the penalty for first-degree home invasion in Michigan?
Up to 20 years in prison or a fine of up to $5,000, or both, under MCL 750.110a.
Is home invasion a felony even if nothing was taken?
Yes. The statute focuses on entry with intent, so no property has to be taken for the charge to apply.
Talk to a Detroit home invasion attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 750.110a in the Michigan Legislature’s text. This page is general information, not legal advice.