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Home Invasion, Breaking & Entering

Everything you need to know when facing a B&E charge, and how we attack the issue head on to either vindicate you or mitigate your sentencing

What Are the Different Home Invasion Charges in Michigan?

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused broke into a building; and 
  2. The accused entered the building; and 
  3. When the accused broke and entered the building, he or she intended to commit a larceny or any felony.

Special Considerations

  • It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.
  • Entering a building through an already open door or window without using any force does not count as a breaking.
  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Felony punishable by imprisonment for not more than 10 years.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused broke into a building or entered without permission; and
  2. The accused entered the dwelling;  
  3. and either
    1. he or she intended to commit a larceny or any felony; or
    2. he or she committed a larceny or any felony; and
  4. When the accused entered, was present in, or was leaving the dwelling, either of the following circumstances existed:
    1. he or she was armed with a dangerous weapon, and/or
    2. another person was lawfully present in the dwelling.

Special Considerations

  • It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.
  • Entering a building through an already open door or window without using any force does not count as a breaking.
  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Felony punishable by imprisonment for not more than 20 years, a fine of not more than $5,000, or both.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused broke into a building or entered without permission; and
  2. The accused entered the dwelling;  
  3. and either
    1. he or she intended to commit a larceny or any felony; or
    2. he or she committed a larceny or any felony;

Special Considerations

  • It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.
  • Entering a building through an already open door or window without using any force does not count as a breaking.
  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Felony punishable by imprisonment for not more than 15 years, a fine of not more than $3,000, or both.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused broke into a building or entered without permission; and
  2. The accused entered the dwelling;  
  3. and either
    1. he or she intended to commit a misdemeanor; or
    2. he or she committed a misdemeanor

Special Considerations

  • It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.
  • Entering a building through an already open door or window without using any force does not count as a breaking.
  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Felony punishable by imprisonment for not more than five years, a fine of not more than $2,000, or both.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused entered a building; and 
  2. When the accused broke and entered the building, he or she intended to commit a larceny or any felony.

Special Considerations

  • Entering a building through an already open door or window without using any force does not count as a breaking.
  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Felony punishable by imprisonment for not more than five years or a fine of not more than $2,500.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The accused entered a building; and 
  2. The accused did this without first getting permission to enter from someone who had authority to give permission.

Special Considerations

  • If any part of the defendant’s body enters the building, the element of entering is satisfied.

Penalty

Misdemeanor

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  1. The tools involved are burglary tools;
  2. The accused knowingly possessed burglary tools; and 
  3. The accused intended to use them to break and enter.

Special Considerations

  • A burglary tool is any tool or instrument [or chemical, explosive, or other substance]  adapted and designed for breaking and entering. “Adapted and designed” means that the tools are not only capable of being used for a breaking and entering but are also designed or expressly planned to be used for this purpose.

Penalty

Felony punishable by imprisonment in the state prison for not more than 10 years.

What will we do as your Defense Attorney?

These are very serious charges that require an aggressive defense in which all of the facts of the case are thoroughly reviewed. We listen carefully to what our clients tell us in order to both put together a strong defense and mitigate sentencing. We do this in several ways.

First, we never take for granted that the police report is an accurate representation of the incident in question. These reports are usually very biased towards convicting the accused, and are therefore often filled with inconsistencies. We use our client’s testimony, research, private investigators, and crime scene visits to poke holes in the prosecution’s case, and ultimately, prove your innocence or argue that the facts are so that a lenient sentence is appropriate. We always visit the scene of the crime. It’s the only way to learn details showing that the police investigation was flawed or that the prosecution’s eyewitness could not have seen what he or she claims.

When building a defense for B&E, we first look for a strong alibi proving that the accused was elsewhere during the time of the crime. If no one can vouch for the whereabouts of the accused, then often the strongest defense is misidentification. By raising identity issues at trial, the jury will get instructed on identification which takes into account “how good a chance the witness had to see the offender at the time, how long the witness was watching, whether the witness had seen or known the offender before, how far away the witness was, whether the area was well-lighted, and the witness’s state of mind at that time.” 

In B&E cases, we make sure that the accused had the requisite intent to commit a larceny or felony. The prosecution must show that the person intended to commit a larceny or felony We hold the prosecution to these standards. 

If the accused is between the ages of 17 and 24 they may be eligible to qualify for a sentence under the Holmes Youthful Trainee Act (HYTA). This Act allows the client to plead guilty, but have the offense dismissed by the court if he or she satisfies the terms set by the court. HYTA does not apply to any felony where the maximum penalty is life imprisonment (such as First Degree Arson). With that said, we always try to plea down to a non–life offense such as simple Second Degree Arson, so that HYTA is available. 

Convincing the prosecutor to reduce the charge to entering without permission should always be on the table.  Mitigating factors that we look out for are things like how our client gained access and if the prosecution can prove felonious intent. Also important is the value of the property. In other words the punishment must fit the crime or we will not stand for it. 

Schedule a free consultation!

No retainer necessary! Just tell me what’s on your mind and we can plan the next steps for your success!

Why work with us?

  • Tenacious representation for an AFFORDABLE PRICE!
  • Weekend meetings & Consultations Available!
  • Educated on Modern Issues & Laws!

Email: kerrylawpllc@gmail.com

Tel: (734) 263-1193

Address: 214 S. Main St. Ste 200
                 Ann Arbor MI, 48104
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