What is the average sentencing for a minor on a home invasion charge in Michigan? 6 Answers as of July 02, 2013

One of my friend's little brothers was recently charged with home invasion. We were just wondering how those cases usually pan out. What is the average sentencing for a minor in Michigan? He is only 15.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on the judge and facts of the case. He should consult with his lawyer for that information. Simply because a person is charged does not mean that they are guilty of any offense. The prosecutor must prove guilt beyond a reasonable doubt. You have a right to legal counsel and should not be afraid to exercise your rights.
Answer Applies to: Michigan
Replied: 6/11/2012
Toivonen Law Office | John Toivonen
The sentence for home invasion depends on so many factors. Is this 1st, 2nd, or 3rd degree? A 1st degree conviction can result in a maximum sentence of 20 years. I had a case where I negotiated the charge from 1st degree to 3rd degree. The result was that the client received 2 years probation and walked out of the courtroom a free man. Sentencing takes into account many factors including the crime, the number of victims, and criminal history. A 15-year-old with no criminal history should not receive a long sentence. Provided that no victims were physically injured, and there was no serious property damage the most likely results are a short stint in a juvenile detention center or probation.
Answer Applies to: Michigan
Replied: 3/14/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Was he charged as a juvenile or an adult? Also the particular facts of the crime would have to known in order to make that determination.
Answer Applies to: Michigan
Replied: 7/2/2013
Hilf & Hilf PLC
Hilf & Hilf PLC | Daniel Hilf
As a juvenile offender, the goal of the juvenile court system is rehabilitation - not punishment. The Judge or Referee assigned to the case will take into consideration the minor's prior record, school record, home record, substance abuse and alcohol history, mental and physical health issues, what the victim and minor have to say, and what happened during the offense to decide what should happen. The sentence could be anywhere from a warning (which is unlikely), probation with conditions, or detention in a juvenile facility from anywhere from 1 day until he is 19 years old - and in some instances until he is 21 years old.
Answer Applies to: Michigan
Replied: 3/13/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
At age 15, he should be charged as a juvenile in the juvenile court. The goal in the juvenile court is rehabilitation more than punishment. It's hard to give you an average sentence, it will vary based on the severity of the offense, whether he has any prior juvenile adjudications, and sentencing will vary from county to county and judge to judge. Primarily, the juvenile court wants to supervise the juvenile, and provide services in any area where it is needed, for example if there are truancy issues or substance abuse issues. If a kid as four prior home invasion convictions, does not go to school, smokes dope at home all day, and he broke into a stranger's home and scared a couple of little kids, he will be treated differently and more harshly than a kid with no prior record, no issues, 4.0 g.p.a., who broke into an ex-girlfriend's house as a prank. There are many factors that play into sentencing, so the juvenile should have a good attorney who knows how to maximize the good and mitigate the bad.
Answer Applies to: Michigan
Replied: 3/13/2012
    Law Offices of Douglas J. Lindsay
    Law Offices of Douglas J. Lindsay | Douglas J. Lindsay
    There is no "average sentence" for a home invasion charge. Many variables enter into the determination of what the eventual sentence would be (i.e. past criminal history, parental control/involvement, school record, attitude ... etc.) if this minor is convicted by a guilty plea or, a trial. Its discretionary with the Judge, given all the information he or she has available.
    Answer Applies to: Michigan
    Replied: 3/13/2012
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