Michigan Home Invasion/
Breaking & Entering Crimes

If you've been charged with a Michigan Home Invasion or Breaking & Entering this doesn't make you a criminal or a bad person.  I see clients on a daily basis who have have never in trouble with the law and, find themselves charged with this serious crime.  It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan Home Invasion or B&E.  

If you've been charged with Home Invasion or Breaking and Entering in Michigan, it's important that you understand the different charges.  There are seven distinct charges associated with Home Invasion and Breaking and Entering in Michigan.  It's possible to be charged with more than crime for a single incident.

The first category is called Home Invasion, which has three degrees. 

(1) Michigan Home Invasion First Degree 

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:

Either the alleged defendant is armed with a dangerous weapon or while committing the offense, another person is lawfully present in the dwelling.  Penalty - 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.

(2) Michigan Home Invasion Second Degree 

Home Invasion in the Second Degree differs from First Degree in that, the Prosecution is not required to show that the alleged had a dangerous weapon or that a person is lawfully present in the dwelling. 

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.  Penalty - "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." 

(3) Michigan Home Invasion Third Degree 

A person is guilty of Home Invasion in the Third Degree covers offenses not listed in the same offense in the Second Degree.  An experienced attorney will be able to closely evaluate the underlying offense, and determine if you've been charged properly.

(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 or a bond or bail condition or any condition of pretrial release.  Penalty - "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." 

The second category is Michigan Breaking and Entering, which is similar to Home Invasion, but does not occur in a dwelling. 

(4) Michigan Breaking and Entering - this offense falls under MCL 750.110

"A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, or railroad car is guilty of a felony, punishable by imprisonment for not more than 10 years."

The elements of breaking and entering are that the alleged broke into a building, entered the building,  and at the time of the breaking and entering, the alleged intended to commit a larceny or felony therein.

The elements of "breaking" "lack of permission to enter" "entry" and "intent to commit a felony or larceny" must all be present.  An experienced attorney will be able to closely evaluate the facts of your case and determine whether or not you have been appropriately charged. 

(5) Michigan Entering without Breaking 

This offense differs from Breaking and Entering in that a breaking does not need to be proven.  A breaking is any force at all is necessary to effect an entrance into a building, through any place of ingress, usual or unusual, whether open, partly open, or closed, such entrance is a breaking sufficient in law to constitute burglary.

"Any person who, without breaking, shall enter any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, shall be guilty of a felony punishable by imprisonment in the state prison not more than 5 years, or fined not more than $2,500.00."

The elements are that the alleged entered a building without breaking. It does not matter whether the alleged got his or her entire body inside. If the alleged put any part of his or her body into the building, that is enough to count as an entry.  The prosecution must also show that when the alleged entered the building, he or she intended to commit a specified offense.  An experienced Michigan defense lawyer will be able to analysis the facts of your case and determine if you have been charged appropriately. 

(6) Michigan Entering without Permission aka Illegal Entry

This offense differs from Michigan Entering without Breaking in that this offense does not require any intention to commit a specified offense.  This crime covers situations where an alleged defendant breaks or does not break into a dwelling or non-dwelling, but has no intention of committing a crime.  This offense is a misdemeanor, not a felony. 

"Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor."

The elements of this offense are that the alleged entered a building. It does not matter whether the alleged got his or her entire body inside. If the alleged put any part of his or her body into the building, that is enough to count as an entry.  The alleged must do this without first getting permission to enter from someone who had authority to give permission.

(7) Michigan Possession of Burglar Tools 

This offense is a specific intent crime, which means the Prosecution must show that the alleged intended to employ the tools for the illegal purpose.  If you are charged with Possession of Burglar Tools in Michigan, it's likely you're facing multiple charges.  It's important for an experienced attorney to evaluate the facts of your case and plan an effective defense strategy. 

The elements are that the tool or implemented tool  must be adapted and designed for breaking and entering, and it must be in the possession of one who has knowledge that it is adapted and designed for the purpose of breaking and entering, and it must be possessed with intent to use or employ the same in breaking and entering.

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