Home invasion is a serious charge that can result in a lengthy jail sentence. Establishing guilt in a home invasion case requires the prosecution to show that the defendant entered another person’s home without permission. Thus, if the defendant can establish that he or she had consent prior to entering, the jury should issue a verdict of not guilty. In many instances, the only evidence of the defendant’s permission is his or her own account of events. Recently, a Michigan court discussed a defendant’s right to testify in a home invasion case, in a matter in which the defendant appealed his conviction. If you are accused of a home invasion or other criminal offenses, it is smart to speak to a Michigan criminal defense attorney about your options.
The Alleged Invasion
Allegedly, the defendant shared custody of his minor child with the victim. During a custody exchange, he confronted the victim about his belief that she was dating another man. She went back into her house, and he pursued her, yelling and asking for her phone. She had hidden her phone in her pants on other occasions, and therefore the defendant pulled down her pants to look for it. When he could not find the phone, he digitally penetrated her.
It is reported the defendant was charged with home invasion and criminal sexual conduct. During the trial, the victim testified that the defendant did not have permission to enter her home on the night of the incident. The jury convicted the defendant and he appealed, arguing in part that he was denied the right to testify for his defense. Continue Reading ›