In Michigan, burglary and breaking and entering are similar offenses. Even though these offenses are essentially the same in Michigan law, you can still face severe penalties. These penalties can have severe consequences in the short term and for the rest of your life. This article will discuss the various laws and rules involved with burglary and breaking and entering, the associated penalties, and what to do if you face such charges in Michigan
Experienced Criminal Defense Representation In Michigan
If you are facing a burglary or breaking and entering charge in Michigan, it is vital that you act quickly to protect your rights and interests. As discussed above, a conviction for those charges can have significant and long-lasting consequences on many aspects of your life. Hiring an experienced criminal defense attorney is the best step to ensure that you are fairly represented and protect your rights and interests during court proceedings. George Law criminal defense attorneys have extensive burglary and breaking and entering representation experience and are ready to fight for you. To learn more or schedule your free initial case consultation, call 248-278-7652 or visit our website today.
Michigan Burglary Laws
Michigan burglary laws apply to various structures or residences depending on the particular law in question. The penalties may vary depending on the severity of the crime you intended to commit and where it occurred.
Breaking And Entering
Breaking means entering a building, vehicle, or container. Breaking can involve force but does not explicitly require it. Breaking may entail using explosives to breach a wall, shattering a window, or breaking down a door. However, even opening an unlocked door or window will qualify as breaking for the purposes of establishing the charge.
Entry occurs when any part of your body enters the structure at issue with your charge. You do not need to remain inside for a long time; even momentary entry into the structure qualifies as an entry under Michigan law. You do not even need to enter the structure completely; only a part of your body must be inside.
Third Degree Home Invasion
You commit third-degree home invasion when you break and enter someone else’s home without your permission and intend to commit a misdemeanor while inside. In Michigan, a misdemeanor is punishable by a fine of up to $1,000 and/or two years in prison. You may also be guilty of third-degree home invasion if you do the above while on probation, parole, or under a protection order. If convicted, you face up to five years in prison and fines up to $2,000.
Second Degree Home Invasion
A second-degree home invasion occurs if you have broken into a home without permission with the intent to commit a felony, theft, or assault while there. You do not have to complete the crime you intended to commit successfully. If you are convicted, you face up to 15 years in prison and fines of $3,000.
First Degree Home Invasion
You may face first-degree home invasion if you break and enter a dwelling with the intent to commit a felony, theft, or assault and you are armed, or someone is present at the time you enter the residence. If convicted, you face up to 20 years in prison and/or fines of up to $5,000.
Breaking And Entering Laws In Michigan
As discussed above, the degrees of home invasion apply to crimes of breaking and entering into someone else’s dwelling. Michigan law also prohibits breaking and entering of other dwellings, locations, and structures and imposes harsh penalties if convicted. If you are guilty of breaking and entering a building or structure other than a dwelling, you may face up to 10 years in prison.
Entering Without Breaking
It is a felony to enter without breaking into places with the intent to commit a felony or theft. These other places include:
- Offices, stores, shops, or warehouses
- Barns or granaries
- Ships and/or shipping containers
- Railroad cars
- Any other structure for public or private use
If convicted, you may face five years of jail time and fines up to $2,500.
Other Michigan Burglary, Breaking And Entering Offenses
Burglary With Explosives
Using explosives to gain access to a dwelling or other structure is unlawful. If you use explosives with the intent to gain access and commit a crime within, you may face between 15 and 30 years in prison.
Burglary Of Coin Or Depository Box; Opening Or Attempting To Open
If you intentionally open a coin or a depository box with force or without permission, you may be convicted of this charge. Burglary of a coin deposit box is a misdemeanor with penalties of six months in prison and/or a $750 fine.
Breaking And Entering; Outside Showcase Or Counter
Breaking an outside showcase or counter is a misdemeanor with penalties of up to six months in prison and an optional $750 fine.
Possession Of Burglar’s Tools
Possession of burglar’s tools is the possession of any tools or explosives designed to break into houses or safes. If convicted, you could face up to 10 years in prison.
Hiring A Michigan Criminal Defense Lawyer
When you need skilled criminal defense representation, look no further than George Law. George Law criminal defense attorneys understand what is at stake and will fight for you. To learn more or schedule your free initial case consultation, call 248-278-7652 or visit our website today.