Law Office of Kevin Bessant & Associates

Home Invasion in Michigan: Degrees, Penalties, and Defense

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?

  1. Arraignment in district court, where bond is set.
  2. Preliminary examination. The prosecutor must show probable cause.
  3. Bindover to circuit court if probable cause is found.
  4. 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.

Law Office of Kevin Bessant & Associates