You’re driving along and you notice bright, flashing red-and-blue lights in your rearview mirror. This may be your first experience with a traffic stop.…
Facing allegations of breaking and entering, home invasion, or robbery can result in serious penalties. Michigan does not take these charges lightly. Worse, Michigan does not make it easy to defend against these charges. Berger Law could give you an edge against a conviction of these grave charges. The team at Berger Law does not want to see innocent people put behind bars. We understand how hard it is to face such allegations. You are not alone. If you’ve been charged with breaking & entering, home invasion, or robbery, you should call a Marquette theft lawyer from our firm for a free consultation.
The crime of breaking and entering is defined under MCL 750.110. Breaking and entering can be charged if a person breaks and enters a store, hotel, office, warehouse, factory, barn, tent, or other structure with the specific intent to commit any felony or larceny.
To be convicted of breaking and entering, four elements must be proven:
As you can see, breaking and entering covers a wide array of buildings and structures. If the prosecution believes you intended to steal or commit any other felony after breaking into a structure, you may face up to 10 years in prison. You could face charges even if you never actually stole anything.
Entering without breaking is also an offense in Michigan. Entering any dwelling, house, store, office, etc., without breaking anything and with the intent to commit a felony or larceny is a felony punishable by up to 5 years in prison.
Home invasion is more complex. There are three degrees of home invasion under MCL 750.110a:
First-Degree Home Invasion: A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault, and is either armed with a dangerous weapon or if another person is lawfully present at the time of the breaking and entering is guilty of first-degree home invasion.
In other words, first-degree home invasion is breaking and entering with a dangerous weapon or if the resident is home at the time of the crime. First-degree home invasion is punishable by up to 20 years in prison and fines not exceeding $5,000.
Second-Degree Home Invasion: A person who breaks and enters or unlawfully enters a dwelling with the intent to commit or commits a felony, larceny, or assault is guilty of second-degree home invasion.
Unlike first-degree home invasion, there is no need to prove the alleged possessed a dangerous weapon or that a person was lawfully present in the dwelling.
The penalty for second-degree invasion can include up to 15 years in prison, a fine of up to $3,000, or both.
Third-Degree Home Invasion: A person who breaks and enters or unlawfully enters a dwelling with the intent to commit or commits a misdemeanor is guilty of third-degree home invasion. Third-degree home invasion can also be charged if the accused violates parole or probation terms, a bond or bail condition, or a pretrial release condition.
The penalty for a third-degree home invasion charge is up to 5 years in prison, a fine of up to $2,000, or both.
Facing charges of breaking and entering, home invasion, or robbery can feel overwhelming, but it’s important to remember that there are defenses available, depending on the specifics of your case. One common defense is the lack of intent—if the prosecution cannot prove beyond a reasonable doubt that you intended to commit a felony or larceny after entering the structure, it could weaken their case significantly.
Another potential defense is permission to enter. If you had permission or a legal right to be on the property, that could challenge the unlawful entry element of the charges. Additionally, if evidence was obtained illegally or your rights were violated during the investigation or arrest, your attorney may be able to have the case dismissed or key evidence suppressed. At Berger Law, we meticulously review every aspect of the case to explore these and other potential defenses, ensuring that your rights are fully protected.
The team at Berger Law is dedicated to unpacking the complex home invasion laws. To best protect your liberty, you need to acquire meticulous legal counsel.
Unlike other firms in the area, Berger Law only takes criminal defense cases. Our firm is aggressive and fights tooth and nail for its clients. Our dynamic team of assistants is passionate about justice, including a private investigator who will ensure no stone is left unturned.
Do not hesitate to schedule a free consultation. Your freedom depends on it.
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