Mullen, Schlough & Associate’s home invasion defense attorneys are leading Eau Claire and the Chippewa Valley due to their lawyers successful home invasion settlements in Wisconsin.

Category: Theft Crimes
Section: Home Invasion

Definition: Home Invasion
:Home invasion is generally an unauthorized and forceful entry into a dwelling. It is a crime governed by state laws, which vary by state. The following is an example of a Michigan statute dealing with home invasion:
750.110a Definitions; home invasion; first degree; second degree; third degree; penalties. Sec. 110a.
(1) As used in this section:
(a) “Dwelling” means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.
(b) “Dangerous weapon” means 1 or more of the following:
A loaded or unloaded firearm, whether operable or inoperable. A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).
(c) “Without permission” means without having obtained permission to enter from the owner or lessee of the dwelling or from any other person lawfully in possession or control of the dwelling.
(2) 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 first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:
(a) The person is armed with a dangerous weapon.
(b) Another person is lawfully present in the dwelling.
(3) 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.
(4) A person is guilty of home invasion in the third degree if the person does either of the following:
(a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or 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 misdemeanor.
(b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:
A probation term or condition.
A parole term or condition.
A personal protection order term or condition.
A bond or bail condition or any condition of pretrial release.
(5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.
(6) 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.
(7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.
(8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.
(9) Imposition of a penalty under this section does not bar imposition of a penalty under any other applicable law.

Topic Expanded: Home Invasion
The home invasion defense lawyers at Mullen, Schlough & Associates excel in representing clients in all aspects of home invasion cases. Home invasion is a serious charge that can have severe consequences. The Mullen Law Group’s home invasion lawyers have extensive experience defending clients from home invasion allegations and are committed to providing an aggressive defense on the clients behalf. In a home invasion case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier home invasion attorneys prove their success in settling cases out of court and preventing charges from ever being filed.

If charges of a home invasion related crime have been filed or are in process, an experienced home invasion defense team will be able to improve the outcome. Remember, it is easier to prevent a home invasion charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.

Recommendation: Home Invasion
It is extremely important to hire a criminal home invasion attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. The Mullen Law Group’s home invasion lawyers maintain an extremely high rate of success. Our determined focus is to:

  • Keep a felony or misdemeanor home invasion allegation out of court
  • Use our knowledge base to settle strategically
  • Fight for the best outcome our client is facing

In some situations, it may be difficult for the prosecution to pursue or prove a home invasion case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of home invasion, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually committed a home invasion. If a home invasion case goes to court, there is often no recovery of losses for the plaintiff because a judgment is ordered. The judgment can often include jail time, making recovery of losses very difficult. Settling out of court is the most beneficial option for both parties; the plaintiff has a better chance of recovering losses and the accused can avoid serving time in jail or prison.

Although the evidence may seem substantial, there are many options an attorney can use to challenge the home invasion charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in home invasion cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have home invasion cases completely dismissed, or pursue a lower sentence for the client.

Don’t let a home invasion charge jeopardize your future, contact us immediately to find out how an exceptional home invasion attorney can help you.

We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.

So what will the attorneys at Mullen, Schlough & Associates do for me?

Whether you have a criminal case, drunk driving or some type of family law case like a divorce or custody matter, our attorneys have been handling these type and only these type cases for the better part of 14 years.  With that kind of experience comes “strategies and techniques” that we’ve found either work, work well or don’t work at all.

For example:

Telling the district attorney we’re going to take the case to a jury trial right from the start might get you a better offer from the start….and it might not.

Telling the district attorney we’re going to take your case to trial after we win an important motion or do some other “case altering event” will probably get you a better offer.

Telling the district attorney we’re going to take your case to a trial after receiving some damaging evidence motion hearing or losing an Important motion hearing WILL NOT get you a better offer.

OR

Telling the judge you’ve moved out with your kids one night without letting you wife know, moved in with your girlfriend and told your kids to start calling her Mom right in the middle of the school year while yanking your kids out of their school and enrolling them in a new school 200 miles away WILL NOT win a lot of bonus points with the vast majority of judges.

Reading these examples without living them seem pretty straight forward.  However, you as our clients will be living in the situation.  Most if not all our clients do what they do for a reason.

For example, I had a client that was enjoying a football game and the multitude of beer that went along with it.  During the 3rd quarter, he received a phone call, got in his car, drove 150 miles and got a DUI.  Seems straight forward and somewhat stupid right?  What if I told you his daughter was in a terrible car accident and on life support in the emergency room?  You probably won’t read about that in the drunk driving police report.

Though the district attorney didn’t have a lot of sympathy, a jury sure did.

THE POINT:  KNOWING WHAT TO DO WITH THE FACTS OF THE CASE WILL MAKE THE DIFFERENCE EVERY TIME.

What can you guys do for me that I can’t do myself?

We know what to do with the facts of your case.  Did you know that the police officer has to have his emergency lights off when he gives you the HGN {or also known as the “stare at the pen”) according to the National Highway Safety Manual?  If the cop didn’t, we can file a motion to have the field sobriety test thrown out. If the field sobriety test is thrown out, the entire case may be dismissed as well (whether you were drunk or not).

“Technicalities” like these are why we get cases dismissed before jury trials.  The district attorney is not going to help you find them.  The district attorney IS NOT going to point out what a poor job the cops did unless he has to.

Why is our firm better than the other ones?

Most trial attorneys know or have some idea what do with the facts of a case and “technicalities” as I’ve previously mentioned.  Some attorneys are, of course, better than others.

But why us?

  • We don’t believe in paralegals and staff. Therefore, when you call your attorney, you will speak directly to your attorney.
  • When a motion is filed, your attorney researched and filed it. Your attorney is going to argue it so they should know it inside and out.  That’s what you are paying for.
  • When your ex or soon to be ex does something, your attorney needs to know, not some secretary. The secretary is not going to argue the case in court, the attorney is.
  • If you have any billing or legal service statement issues, Attorney Mark Mullen, President and founding member of the firm answers the phone….always. He does the books, issues the checks and makes the financial calls on your case. If you call the main number, it will be him you talk to, period.
  • We encourage payment plans. Most of our clients are not rich and therefore cannot put down the entire amount of the retainer at the time of hiring.

What kind of money am I going to have upfront to hire you guys?

If you have a job or a credit card, we ask for half of the quoted retainer.   When you’re serious and ready to proceed with your case, putting SOME money down lets us know you’re serious.  When your serious and ready to go, so we.