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Being charged with a 2nd degree home invasion I'm a first…

Customer Question
Being charged with a...

Being charged with a 2nd degree home invasion I'm a first offender

Lawyer's Assistant: In what state did this occur?

Michigan Livingston county

Lawyer's Assistant: Have you talked to a lawyer yet?

I have a court appointment lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes the victim and I was together for 10 years and 8 of those years I was mentally and emotionally abused

Submitted: 6 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/28/2017
Criminal Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,183
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Hi, I'm a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'm reviewing your question and will reply in a moment.

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Customer reply replied 6 months ago
Ok
Customer reply replied 6 months ago
No I do not wish to have you call me
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

The phone call request is auto generated by the site, please feel free to disregard it if you are not interested.

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Are you wondering what potential penalties or sentencing may be in relation to your case?

Did you ever live at the residence where the alleged incident took place? Did you still have a key or other access/ permission to enter?

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Customer reply replied 6 months ago
would like to know the potential punishment and yes I use to live there.no i don't have a key any more.all i did was throw a chair though the window after he threatend me that he would make sure I'll never see my kids again.kids live with my father until I can get up on my feet
Customer reply replied 6 months ago
I kinda just snapped after all the years of abuse.and him tormenting me
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

I'm sorry to hear that happened. Give me just a few minutes to type up some information for you, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Just to clarify -- were you inside the house when the chair was thrown? Or were you outside? Did you ever enter the house?

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Customer reply replied 6 months ago
I was outside standing at the window he claims that my arm when inside but that's something I don't remember happening he also say that I threw a crystal cross at him and cut him but the crystal cross he is talking about has all-rounded edges so if I was to throw at him it would only give him a bruise
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Okay, thanks for clarifying. Give me just a few minutes to finish typing up my answer, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

What you've been charged with is second degree home invasion, it's punishable by up to 15 years in prison and a fine of up to $3,000.00.

That being said, a home invasion charge requires that you have broken into the house, with the intent to commit a felony once inside.

Based on the facts you've shared with me, that did not occur here.

(1.) you did not actually enter the house, and

(2.) there was no intent to commit another felony.

Your attorney should be able to successfully petition the court for a reduced charge, most likely to a charge of Willful and Malicious Destruction of Property.

Since this is your first criminal offense ever, you may also qualify for pre trial intervention. This is a program reserved for first time offenders, and usually involves community service, attending some rehabilitative classes, and/or a fine. Once you successfully complete the terms of the program, the charges against you are dismissed.

Your attorney should look into the reduced charge, as well as the possibility of pre trial diversion for you.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 6 months ago
Well from what the prosecutor said he doesn't want me to do jail time and also the judge asked me what's the minimum sentence I can get and she told me 0
Customer reply replied 6 months ago
She also seems surprised to find out that the victim and I were actually in a relationship I just have mixed feelings on the whole ordeal
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

That's great news. It sounds as though the judge and prosecutor are already intending to either reduce this charge, or maybe even dismiss it altogether.

I hope this has been helpful for you. Let me know if you still have any questions!

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 6 months ago
Well originally I was getting assault and 1st degree home Invasion then the plea deal was they were going to drop the salt and reduced the home invasion from a first degree to a second degree
Customer reply replied 6 months ago
Assault sorry
Customer reply replied 6 months ago
It was bonded out of Joe I have done everything that my bond requires been dropping clean and I've also signed myself up for anger management and counseling which that was not appointed to me
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Sorry for the delay, I was away from the site.

To clarify, have you already accepted a plea deal?

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Customer reply replied 6 months ago
o had too
Customer reply replied 6 months ago
My lawyer said it was best too
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Okay, then I am not sure what your legal question for me is then, as it appears you've already accepted a plea and are carrying out the terms of that agreement.

Is there a specific question I can help with? Perhaps a phone call would be better suited?

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Customer reply replied 6 months ago
Cause I asked what would my sentence my be.thats what this was all about
Customer reply replied 6 months ago
Might
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