if i was to knock on someones door and they say come in,and i do and commit two assults is this 1st. degree home invasion? if so why?
Asked on 10/27/09, 4:09 pm
2 Answers from Attorneys
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Answered on 11/01/09, 5:29 pm
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
Probably not, because home invasion 1st degree requires that you enter the residence either "without permission" or by "breaking and entering" (using force, including opening a door).
If you had been banned from the property before and you knew and the residents of the home knew you were not welcome, and you just knocked without announcing who you were and the person inside said "come on in", it could possibly be proven that YOU were not given permission because the resident didn't know that he/she was allowing YOU in. But that's a stretch.
Answered on 11/02/09, 9:10 am
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