What is the Penalty for Breaking and Entering in Michigan?

Breaking and entering is a serious crime, and a conviction carries severe penalties, including a high likelihood of prison time. For individuals charged with breaking and entering, understanding the consequences you could face and the legal defenses available can help you make strategic decisions as you navigate the criminal legal system, evaluate the strengths and weaknesses of your case, and decide whether to take your case to trial or accept a plea bargain.

Understanding the Crime of Breaking and Entering in Michigan

Under Michigan law, the crime of breaking and entering occurs when an individual enters a building or structure without permission with the intent to commit a felony, a larceny, or any unlawful activity once inside. The act of “breaking” can be as minimal as opening a door or window that was unlocked to gain entry. “Entering” means any part of the intruder’s body or any object used to commit a crime is inside the property.

To secure a conviction for breaking and entering, the prosecutor must prove all of the following elements, beyond a reasonable doubt:

1. Breaking. The defendant committed a breaking, which could range from using force to pushing open a door to gain unauthorized access to a structure.
2. Entering. The defendant fully or partially entered the building or structure without authorization.
3. Building or Structure. The place entered must qualify as a building or structure under Michigan law.
4. Intent. The defendant intended to commit a felony, a larceny, or an illegal act once inside.

Is Breaking and Entering a Felony or Misdemeanor?

Various factors influence whether breaking and entering is charged as a felony or a misdemeanor. These include the nature of the structure, the defendant’s intent, and whether the defendant committed any additional crimes during the incident.

Felony Breaking and Entering

In Michigan, breaking and entering is charged as a felony if:

• The defendant entered into a dwelling. Unlike a commercial building or an unoccupied structure, breaking and entering into a dwelling is often charged as a felony because of the increased potential for harm and the violation of unauthorized entry into a residential property.
• There is evidence the defendant intended to commit a felony, such as theft, assault, or any other felony crime once inside the building.
• The defendant was carrying a weapon at the time of the breaking and entering.

Misdemeanor Breaking and Entering

The crimes of breaking and entering and entering without breaking are classified as misdemeanors and occur when there is no intent to commit a further crime once inside the structure. These crimes occur when an individual enters a building without permission but does not intend to commit a theft or felony once inside.

What Is the Penalty for Breaking and Entering Charges in Michigan?

Felony breaking and entering is punishable by up to 10 years in prison.

Misdemeanor breaking and entering or entering without breaking is punishable by up to one year in jail.

Factors that Influence the Severity of Breaking and Entering Charges

Several factors influence the severity of breaking and entering charges in Michigan:

• Individuals with a history of committing similar crimes are more likely to face felony charges and more severe punishments.
• Breaking into an occupied dwelling (home invasion) is taken more seriously and will likely be charged as a felony.
• Breaking and entering at night may be viewed as more dangerous, which can lead to more severe charges.
• In cases where theft occurs, the value of the stolen items can affect the severity of the breaking and entering charges.

Defending Against Breaking and Entering Charges

Defending against breaking and entering charges requires a skilled and forceful advocate who understands Michigan criminal law and knows how to mount a vigorous and effective legal defense. Possible defenses to breaking and entering charges include:

• Right of Ownership. This defense may apply if the defendant had a good-faith belief that they had a legal right to enter the property, such as situations where property ownership or access rights are in dispute.
• Mistake of Fact. Mistake of fact exists when a defendant genuinely and reasonably believes a set of facts that, if true, would render their actions legal. For example, suppose a defendant mistakenly entered another person’s dwelling genuinely believing it was their own or that they had permission to enter. To be viable, the mistake must be reasonable and the defendant must not have intended to commit an illegal act once inside.
• Lack of Intent. Intent can be a key element in breaking and entering charges. If the prosecutor cannot prove the defendant intended to commit a crime while inside the structure, the lack of intent could be used to negotiate a plea to a less severe offense or lead to an acquittal. This defense is particularly effective when the defendant is charged with breaking and entering based on the intent to commit a felony.
• Challenging the Evidence. A skilled defense attorney will challenge the reliability of witness testimony, how evidence was obtained, whether it is admissible, and whether the prosecutor met their burden of proof beyond a reasonable doubt.

If you were charged with breaking and entering in Michigan, you need a skilled and tenacious advocate who will fight to protect your rights and your freedom.