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my friends brother was charged with that

2006-10-11 02:10:33 · 3 answers · asked by Daniel P 1 in Politics & Government Law Enforcement & Police

3 answers

Where are you located? This may vary by State. For example, in Michigan:

"A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree. Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both."

In South Carolina:

"A person is guilty of home invasion in the second degree if the person:
(1) enters a dwelling without consent;
(2) with the intent to commit a felony, larceny, or assault in the dwelling;
(3) is armed with a dangerous weapon; and
(4) uses force or threatens the use of force on a person who is lawfully present in the dwelling.
A person who violates the provisions of home invasion in the second degree is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than twenty years, no part of which may be suspended or probation granted, and which must be served consecutively to another sentence imposed. "

You can see how the details are important in the different states. Search on [home invasion second degree (statename)] and see if you can find out more from your state.

2006-10-11 03:52:29 · answer #1 · answered by Yahzmin ♥♥ 4ever 7 · 0 0

Definately depends on where you are located...usually the phrase "2nd degree" or "Aggravated" means the crime was committed with some type of weapon. Check with you local law enforcement agency!

2006-10-11 13:53:44 · answer #2 · answered by J H 1 · 0 0

unlawful entry with the intent to commit a felony, I think

2006-10-11 09:18:01 · answer #3 · answered by Flower Girl 6 · 1 1

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