Michigan Home Invasion Laws: Degrees, Penalties, and Consequences

Michigan home invasion laws divide the offense into three felony degrees under MCL 750.110a, carrying maximum sentences of 20 years for first degree, 15 years for second degree, and 5 years for third degree. Which degree applies depends on what the intruder intended to do inside, whether anyone was home, and whether the person was armed. All three are felonies, and a conviction brings consequences well beyond the prison term, including a lifetime federal firearm ban.

What Conduct the Statute Reaches

A charge does not require a broken window or a jimmied lock. Michigan’s statute creates two separate paths: breaking and entering a dwelling, or simply entering without permission.¹ Walking through an unlocked door counts.

“Breaking” means any physical force used to create or widen an opening, including pushing a door that was ajar or lifting an unlocked window. “Entering” happens as soon as any part of the person’s body crosses into the dwelling, so an arm reaching through a window qualifies. “Without permission” means no one with lawful control of the dwelling consented, and permission that was given earlier can be revoked: if you are told to leave and stay, you are now there without permission.¹

A “dwelling” is any structure used as a place to live, permanently or temporarily. Houses, apartments, mobile homes, hotel rooms, and weekend cabins all qualify, and the resident does not have to be present for the place to count. Attached structures like a connected garage, enclosed porch, or breezeway are legally part of the dwelling.¹

First Degree Home Invasion

First degree is the most serious form. The prosecution must show two things together: that the person entered intending to commit a felony, theft, or assault (or actually committed one of those inside), and that at least one aggravating factor was present at some point during entry, presence, or exit.¹

Only one aggravating factor is needed. Either another person was lawfully present in the dwelling, or the intruder was armed with a dangerous weapon. An unarmed intruder in an occupied home faces first degree. So does an armed intruder in an empty home.

“Dangerous weapon” is defined broadly to include firearms (loaded or not), traditional weapons like knives and clubs, any object used or carried for the purpose of causing death or serious injury, and even fake weapons such as a realistic-looking toy gun used to frighten someone.¹

A conviction carries up to 20 years in prison and a fine of up to $5,000. The sentencing guidelines classify it as a Class B offense against a person, among the most seriously scored crimes in the state’s grid.²

Second Degree Home Invasion

Second degree covers the same core conduct as first degree without the aggravating factors. The person entered intending to commit a felony, theft, or assault, or committed one of those crimes while inside, and the home was unoccupied and the intruder was unarmed.¹

Success is not required. Entering with intent to steal is enough even if the person leaves empty-handed. And if someone entered innocently but formed the intent to commit a felony, theft, or assault once inside, the statute still reaches that conduct.

A conviction carries up to 15 years in prison and a fine of up to $3,000. It is a Class C person offense under the guidelines.²

Third Degree Home Invasion

Third degree is the least severe, but still a felony. It applies in two situations: the person entered a dwelling planning to commit a misdemeanor, or committed a misdemeanor inside; or the person entered and, while entering, present, or leaving, violated a personal protection order, a probation or parole condition, or a bond or pretrial release condition issued to protect a specific person.¹

That second path catches people off guard. Someone who shows up at an ex-partner’s home in violation of a no-contact order can face a felony home invasion charge without breaking anything, taking anything, or hurting anyone. The unauthorized entry combined with the order violation is what triggers it.

A conviction carries up to 5 years in prison and a fine of up to $2,000. It is a Class E person offense.²

What a Judge Actually Imposes

The maximums above are statutory ceilings, not expected sentences. Michigan’s advisory sentencing guidelines produce a recommended minimum range based on two scores: offense variables measuring how serious the specific crime was, and prior record variables measuring the defendant’s criminal history.³ The two scores meet on a grid that yields a range in months for the minimum sentence.

Since 2015, those guidelines are advisory rather than mandatory, and a judge can depart from them subject to reasonableness review on appeal. In practice most sentences still fall within or near the recommended range, so the scoring drives the real prison exposure.

Habitual Offender Enhancements

Defendants with prior felonies face substantially higher exposure. A second felony conviction raises the upper limit of the guidelines range by 25%. A third raises it by 50%. A fourth or subsequent felony doubles the upper limit. For a fourth-felony offender convicted of first-degree home invasion, the court may impose a sentence up to life in prison, because the underlying offense is punishable by five or more years on a first conviction.⁴ That is how a home invasion charge can escalate from a serious felony to a potential life sentence.

Restitution to the Victim

On top of any fine and prison term, the court must order the defendant to pay restitution for the victim’s full losses. The statute says “shall order,” so it is not discretionary.⁵ Covered losses include the fair market value or replacement cost of damaged, destroyed, or stolen property, along with medical expenses, therapy costs, and lost income if the victim suffered physical or psychological harm.

Collateral Consequences of a Conviction

The penalties written into the home invasion statute are only part of the picture. A felony conviction brings consequences that outlast any prison sentence.

Federal Firearm Ban

Federal law prohibits anyone convicted of a crime punishable by more than one year from possessing a firearm or ammunition.⁶ All three degrees of Michigan home invasion exceed that threshold, so any conviction triggers a lifetime federal gun ban. Violating that ban is itself a separate federal felony.

Employment, Housing, and Licensing

A felony record creates barriers in licensed professions and in jobs requiring security clearance. Federally subsidized housing programs screen for felony convictions, and many private landlords do too. Because Michigan classifies all three degrees as crimes against a person rather than property offenses, background checks tend to look worse to employers and landlords than a comparable property crime would.

Immigration

For non-citizens, a conviction can trigger deportation or inadmissibility. Offenses involving unlawful entry into a dwelling with criminal intent frequently qualify as crimes involving moral turpitude under federal immigration law, though the result depends on the degree and the person’s immigration status. Anyone in that position should consult an immigration attorney before entering a plea.

Voting

Michigan suspends voting rights only while a person is actually serving a prison sentence for a felony. Voting rights are restored on release.

If You Are the Homeowner

Michigan law gives residents strong protection when they use force against an intruder. Under the Self-Defense Act, if someone is in the process of breaking in or committing a home invasion, you are legally presumed to have had an honest and reasonable belief that you faced imminent death, sexual assault, or great bodily harm.⁷ The presumption applies in criminal cases and civil suits, covers both deadly and lesser force, and relieves you of having to prove your fear. Michigan imposes no duty to retreat inside your own home.

The presumption is rebuttable, and it does not apply in several situations. Among them: the person you used force against had a legal right to be in the dwelling (unless a protective order was in place against them), you were committing a crime at the time, the person entering was a law enforcement officer performing official duties, or the person you used force against is a current or former spouse, dating partner, co-parent, or household member and you have a prior history of domestic violence as the aggressor. Michigan also shields people who act in lawful self-defense from civil suits by the intruder for injuries.⁷

1
Michigan Legislature. Michigan Code 750.110a – Definitions; Home Invasion; First Degree; Second Degree; Third Degree; Penalties
2
Michigan Legislature. Michigan Compiled Laws 777.16f – Felonies to Which Chapter Applicable
3
Michigan Courts. Michigan Sentencing Guidelines Manual
4
Michigan Legislature. Michigan Code 769.12 – Person Convicted of Felony; Subsequent Felony
5
Michigan Legislature. Michigan Compiled Laws 780.766 – Restitution
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Michigan Legislature. Michigan Compiled Laws 780.951 – Individual Using Deadly Force or Force Other Than Deadly Force; Presumption; Conditions