Being accused of breaking and entering or home invasion in Michigan can be a very serious matter. These charges carry severe penalties, including lengthy prison sentences and hefty fines, impacting an individual’s future significantly. It’s crucial to understand the differences between these crimes and the specific elements the prosecution must prove for a conviction.

While both crimes involve unlawfully entering a property, Michigan law distinguishes between them based on the type of property entered and other aggravating factors. Knowing these distinctions is key to comprehending the legal landscape surrounding these offenses. This article will break down the elements, penalties, and what you need to know if you or someone you know is facing these charges in Michigan.

Breaking and Entering: Unlawful Entry into Various Structures

Breaking and entering, under Michigan law, generally refers to unlawfully entering a wide range of buildings or structures, not just homes. This crime focuses on the act of gaining unauthorized entry with a specific criminal intent. The “breaking” part doesn’t necessarily mean smashing a window; it can be as simple as pushing open an unlocked door or raising a partially open window to gain entry. The key is that some force, however minimal, was used to create an opening or enlarge an existing one for entry.

The law aims to protect property owners from unauthorized intrusions into their businesses, warehouses, or other non-residential structures. The severity of the charge often depends on the intent of the person entering – whether they planned to steal something or commit another felony inside.

Michigan Law:  Breaking and Entering

Key Elements:

• Breaking: Some force, however slight, was used to create or enlarge an opening for entry (e.g., pushing open a door, raising a window).
• Entering: Any part of the person’s body or an object controlled by them crossed the threshold of the structure.
• Structure: This can include a tent, hotel, office, store, shop, warehouse, barn, factory, boat, ship, shipping container, or railroad car.
• Intent: The person intended to commit a felony or a larceny (theft) inside the structure at the time of breaking and entering.

Penalties:

Breaking and entering can be a felony punishable by imprisonment for not more than 10 years.

Michigan Law: MCL 750.110

Michigan Law: Home Invasion

(Targeting Dwellings with Greater Severity)

Home invasion is a more serious offense than general breaking and entering because it specifically targets dwellings—places where people live. The law recognizes the increased sense of violation and danger when someone’s home is invaded. This crime also considers additional factors, such as whether a weapon was involved or if someone was present in the home, which escalate the charges to different “degrees.”

The severity of a home invasion charge is directly tied to the circumstances surrounding the unlawful entry. Michigan’s home invasion statute is designed to provide harsher penalties for invasions that pose a greater threat to personal safety.

Degrees of Home Invasion and Key Elements:

• First-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a felony, larceny, or assault within the dwelling, OR committing a felony, larceny, or assault while entering, present in, or exiting the dwelling. AND at the time, either the person was armed with a dangerous weapon OR another person was lawfully present in the dwelling.
  Penalties: Felony punishable by imprisonment for not more than 20 years and/or a fine of up to $5,000.
• Second-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a felony, larceny, or assault within the dwelling, OR committing a felony, larceny, or assault while entering, present in, or exiting the dwelling.
  Penalties: Felony punishable by imprisonment for not more than 15 years and/or a fine of up to $3,000.
• Third-Degree Home Invasion:
  Breaking and entering a dwelling or entering a dwelling without permission. With intent to commit a misdemeanor inside, or committing a misdemeanor while entering, present in, or exiting. OR violating a protection order, bond condition, or other pretrial release condition.
  Penalties: Felony punishable by imprisonment for not more than 5 years and/or a fine of up to $2,000.

Michigan Law: MCL 750.110a – Home invasion

Facing State or Federal Charges?

While breaking and entering and home invasion are typically state charges, in some specific circumstances, these offenses or related activities could escalate to federal involvement, especially if they are part of a larger federal crime, such as drug trafficking or organized crime, or if they occur on federal property.

If you find yourself in the federal courtroom facing serious criminal charges, including those that might have originated from a state-level offense but have federal implications, you need an attorney with experience navigating the complexities of federal law.

Attorney Michael Komorn of Komorn Law PLLC has extensive experience in criminal legal defense since 1993, representing clients in the federal court system. His firm takes an aggressive approach to all issues, ensuring clients receive a robust defense against severe federal charges.

FAQs

Breaking and Entering / Home Invasion in Michigan

Q: What is the main difference between “breaking and entering” and “home invasion” in Michigan?

A: The main difference is the type of property. “Breaking and entering” applies to a wider range of structures (like businesses, warehouses), while “home invasion” specifically applies to dwellings (places where people live). Home invasion also has different degrees based on factors like weapons or presence of others, leading to harsher penalties.

Q: Does “breaking” always mean forcing a lock or breaking a window?

A: No, “breaking” can be very minimal. It can include pushing open an unlocked door, raising a partially open window, or removing a screen. Any small amount of force used to create or enlarge an opening to enter can qualify.

Q: What does “intent to commit a felony or larceny” mean in these laws?

A: This means that at the moment the person breaks and enters, they must have had the plan or goal to commit another serious crime (a felony) or to steal something (larceny) once inside. The prosecution needs to prove this intent, which can be challenging without direct evidence.

Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law. So when you’re ready to hire a lawyer who steps in the ring to fight, call our office at (248) 357-2550.

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court