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 conviction of these grave charges. The team at Berger Law does not want to see innocent people put behind bars. Alex Berger is the only exclusively practicing criminal defense lawyer in the area. He understands 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 theft attorney at Berger Law immediately for a free consultation.
Breaking and entering is defined under MCL 750.110. Breaking and entering can be charged if a person breaks and enters into 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 structure. 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 an 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 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 third degree home invasion is up to 5 years in prison, a fine up to $2,000, or both.
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. Alex Berger is an effective trial lawyer. He is aggressive and fights tooth-and-nail for his clients. His dynamic team of assistants are passionate for 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.