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

The recent arrest and felony charges against a juvenile detention center employee for allegedly supplying marijuana gummies to minors serve as a stark reminder that despite Michigan’s progressive cannabis laws, serious penalties still exist for drug-related offenses. For those facing such charges, understanding the complex interplay of state and federal law, and securing experienced legal representation, is paramount.

Marijuana: Still a Controlled Substance, Federally and in Michigan (with Nuances)

While Michigan has legalized recreational and medical marijuana under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) and the Michigan Medical Marihuana Act (MMMA), it is crucial to understand that marijuana remains a controlled substance under both federal and, in certain contexts, state law.

Federally, as of July 2025, marijuana continues to be classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). While there are ongoing discussions and proposals to reclassify it to Schedule III, and the DEA finalized this move in January 2025, it still means manufacturing, distributing, or possessing marijuana can lead to federal charges, even in states where it is legal. Federal jurisdiction often applies to cases involving federal property, interstate commerce, or large-scale operations.

In Michigan, the MRTMA and MMMA provide specific legal frameworks for adult recreational use and qualified medical patients. However, these laws come with strict limitations and exceptions. For instance, providing marijuana to minors, as alleged in the recent detention center case, is explicitly illegal and carries severe felony penalties. The MRTMA does not shield individuals who engage in activities outside the scope of its defined allowances, such as exceeding possession limits, public consumption in prohibited areas, or, critically, unauthorized distribution, especially to those under 21.

How Prosecutors Can Bypass MRTMA Protections

Prosecutors in Michigan can, and often do, bypass the perceived protections of the MRTMA and MMMA when individuals engage in conduct that falls outside the defined legal parameters. Key areas where this occurs include:

• Distribution to Minors: The most direct bypass. The MRTMA is designed for adults 21 and over. Supplying marijuana to individuals under the legal age is a serious felony offense, punishable under Michigan’s broader drug statutes, not the civil infraction provisions of the MRTMA for minor adult violations.
• Commercial Activity Without Licensure: Operating outside the state’s regulated and licensed cannabis market for commercial gain can lead to felony charges for illegal manufacturing, distribution, or sales.
• Exceeding Possession or Cultivation Limits: While the MRTMA allows for certain possession and cultivation amounts, exceeding these limits can result in escalating penalties, from civil infractions to misdemeanors and even felonies, depending on the quantity.
• Operating Under the Influence: The MRTMA does not permit driving under the influence of marijuana, and individuals can face OWI (Operating While Intoxicated) charges.
• Federal Jurisdiction: As mentioned, any activity that crosses into federal jurisdiction, such as possession on federal property or involvement in interstate drug trafficking, will not be protected by Michigan’s state laws.
• Contraband in Correctional Facilities: Introducing any controlled substance into a detention facility, regardless of its state legal status, is a distinct and serious felony offense.

Why You Need Specialized and Experienced Legal Defense

When facing severe drug charges, particularly those involving controlled substances like marijuana that operate in a complex legal landscape of state-specific legalization and federal prohibition, the stakes are incredibly high. This is not a situation for a general practitioner. You need a law firm with a deep and nuanced understanding of both the Michigan Regulation and Taxation of Marijuana Act and its interplay with broader state and federal drug laws.

Komorn Law stands out as a preeminent legal defense firm with unparalleled experience in Michigan’s cannabis laws. Michael Komorn and his team have been at the forefront of cannabis defense since the inception of medical marijuana laws in Michigan, actively shaping and interpreting the legal landscape. Their expertise encompasses:

Aggressive Criminal Defense: They are renowned for their tenacious approach to defending clients against serious felony charges, including drug possession, distribution, manufacturing, and conspiracy.

Understanding of Prosecutorial Tactics: Komorn Law is well-versed in how prosecutors leverage existing laws to pursue charges, even when individuals believe their actions fall under state protections. They can identify the specific legal avenues prosecutors might use to bypass the MRTMA.

Trial Experience: With extensive experience in district, circuit, and federal courts, Komorn Law is prepared to take your case to trial if necessary, fighting tirelessly for your rights and a favorable outcome.

Protecting Your Future: Beyond the immediate charges, a conviction can have long-lasting consequences on your freedom, employment, and reputation. Komorn Law is dedicated to minimizing these impacts and protecting your future.

If you or a loved one are facing serious drug charges related to marijuana, do not assume Michigan’s legalization laws will protect you. The complexities of state and federal regulations, and the determination of prosecutors to enforce specific provisions, necessitate the most capable legal defense.

Contact Komorn Law today for a consultation and ensure your rights are rigorously defended.

Michigan’s legalization of recreational marijuana in 2018 brought new freedoms, but it’s crucial for every driver to understand a critical distinction: while consuming marijuana is legal for adults over 21, driving under its influence is absolutely not. Operating While Intoxicated (OWI) laws in Michigan apply equally to alcohol and drugs, including marijuana. Getting behind the wheel while impaired by cannabis can lead to serious penalties, just like drunk driving.

The Complexity of Marijuana OWI Charges

Unlike alcohol, where a specific blood alcohol content (BAC) of 0.08% or higher automatically means intoxication, marijuana OWI cases are more complex.

No “Per Se” THC Limit: Michigan does not have a “per se” (meaning “by itself”) THC limit for driving impairment. This means there isn’t a specific amount of THC in your blood that automatically proves you’re too impaired to drive.

This is largely because THC can stay in a person’s system for days or even weeks after the intoxicating effects have worn off, making a simple blood test for presence of THC an unreliable indicator of current impairment. The Impaired Driving Safety Commission, a body created by the Michigan Legislature, has even recommended against establishing a per se THC limit due to this poor correlation between THC bodily content and driving impairment.

“Under the Influence” Standard: For marijuana OWI, the prosecution must prove that your ability to operate a motor vehicle was “visibly impaired” or that you were “under the influence” of marijuana. This means the drug had a significant effect on your mental or physical condition, preventing you from driving in a normal manner. (MCL 257.625(1))

How Impairment is Determined

Law enforcement officers use several methods to assess marijuana impairment:

Observation: Officers will look for visible signs of impairment during a traffic stop, such as:

Erratic driving (swerving, speeding, slow driving)
Bloodshot eyes
Slurred speech or difficulty communicating
Disorientation or confusion
Odor of smoked marijuana in the vehicle

Field Sobriety Tests (FSTs): While often associated with alcohol, officers may administer FSTs (like the walk-and-turn or one-leg stand) to evaluate balance, coordination, and mental processing. It’s important to remember that FSTs are designed primarily for alcohol impairment and can be influenced by many factors unrelated to drug use.

Drug Recognition Experts (DREs): If an officer suspects drug impairment and a breathalyzer test shows little to no alcohol, they may call in a Drug Recognition Expert.

DREs are specially trained officers who conduct a standardized 12-step evaluation to determine if a driver is impaired by drugs and, if so, which category of drugs. This involves a series of physical and mental assessments, including checking vital signs, eye movements, and muscle tone.

Blood Tests: If probable cause for OWI is established, officers can request a blood draw.

Blood tests can detect the presence of THC and its metabolites. While the presence of THC alone isn’t enough for a conviction (due to the lack of a per se limit), it serves as evidence that the substance was consumed.

Common Defenses for Marijuana OWI Cases

Successfully defending against a marijuana OWI charge often involves challenging the prosecution’s evidence of impairment:

Challenging the Traffic Stop: Was there a lawful reason for the stop? If the stop was illegal, any evidence gathered afterward might be inadmissible.

Disputing Impairment: An attorney can argue that any observed signs of impairment were due to factors other than marijuana (e.g., fatigue, medical condition, anxiety, poor lighting).

Questioning DRE Protocol: The DRE protocol is specific, and any deviations by the officer can be challenged in court. The reliability of DRE testimony can also be scrutinized.

Accuracy of Blood Tests: While blood tests confirm presence, the timing of the test relative to consumption can be critical. An attorney can argue that the THC in your system was from past use and not indicative of current impairment.

Medical Marijuana Patients: If you are a registered medical marijuana patient, the Michigan Medical Marihuana Act (MMMA) provides some protection. You cannot be prosecuted solely for having THC in your system; the prosecution must prove actual impairment. This exception, established in People v. Koon, is a key defense for medical users

a marijuana OWI charge in Michigan requires a deep understanding of complex and evolving laws. Komorn Law, established in 1993, has the extensive experience and expertise to fight your case effectively, from district to federal court systems. Our team is well-versed in the nuances of Michigan’s marijuana laws, the science of impairment, and the strategies necessary to challenge OWI charges. We are dedicated to protecting your rights and ensuring you receive a vigorous defense. When you’re ready to hire a lawyer who hates to lose, call our office  (248) 357-2550.

In a significant shift for criminal justice in Michigan, the state’s Supreme Court has issued groundbreaking rulings that redefine how young adults are sentenced for serious crimes, particularly those that historically carried mandatory life without parole (LWOP).

These decisions, coupled with ongoing legislative discussions, are reshaping the landscape for individuals labeled “youth lifers” and highlight the concept of “emerging adults” in the legal system.

The Landmark Decisions: People v. Taylor and People v. Czarnecki

The Michigan Supreme Court delivered a pivotal 5-2 ruling in the combined cases of  People v. Taylor and People v. Czarnecki.

The Michigan Supreme Court held that mandatory life-without-parole sentences violate the state constitution’s protection against “cruel or unusual” punishment for anyone under age 21 at the time of the offense. The decision extends the court’s 2022 ruling in People v. Parks that such sentences are unconstitutional for those 18 or under.

The Core Ruling:

The Court held that mandatory life without parole sentences for individuals who were 19 or 20 years old at the time of their offense are unconstitutional under Michigan’s state constitution, specifically its prohibition against “cruel or unusual punishment” (Michigan Constitution, Article I, Section 16).

This decision extends previous protections that applied to those 18 years old and younger. The Court acknowledged that brain development continues well into a person’s twenties, leading to diminished culpability and a greater capacity for rehabilitation in this age group, similar to minors.

Basis in Science and Development:

The Court heavily relied on scientific research demonstrating that “emerging adults” (generally defined as individuals aged 18-25) are neurologically more akin to juveniles than fully matured adults.

This means they are more prone to impulsivity, susceptible to peer pressure, and have a higher potential for growth and change. Mandating a sentence that presumes no possibility

Retroactive Application:

Crucially, this ruling applies retroactively. This means that hundreds of individuals currently serving mandatory LWOP sentences for crimes committed when they were 19 or 20 will now have the opportunity to seek resentencing.

The State Appellate Defender Office (SADO) has identified approximately 580 individuals impacted by these rulings.

The Concept of “Emerging Adults”

The Michigan Supreme Court’s decisions underscore a growing recognition of “emerging adults” in the criminal justice system.

Developmental Nuances: This term refers to young people, typically between the ages of 18 and 25, whose brains are still developing, particularly the prefrontal cortex responsible for decision-making, impulse control, and understanding long-term consequences.

Legal Implications: The acknowledgment of this developmental stage suggests that traditional adult sentencing models may not be appropriate for this population, leading to calls for more individualized sentencing that considers youth-related mitigating factors.

Michigan’s Stance: With these recent rulings, Michigan joins a handful of other states that have extended protections against mandatory LWOP to individuals under 21, marking a progressive step in youth justice reform.

Ongoing Legislative Efforts

While the Supreme Court has made its stance clear, legislative discussions are actively taking place that could further impact these laws.

Proposed Bills: There have been legislative efforts, such as House Bills 4506, 4507, and 4508, aiming to potentially alter the impact of the Supreme Court’s decisions.

These bills, for instance, could allow for longer sentences for 19- and 20-year-olds convicted of certain serious crimes and may provide prosecutors with more time to review cases for resentencing.

Some of these legislative proposals have faced criticism from advocacy groups who argue they might undermine the Supreme Court’s intent for individualized sentencing.

Resentencing Process: For those eligible, the resentencing process typically involves a “Miller” hearing, named after a U.S. Supreme Court case.

During these hearings, a judge reviews the individual’s case, considering mitigating factors related to their youth, capacity for rehabilitation, and other circumstances, before deciding on a new sentence. The goal is to move away from automatic LWOP to a sentence that is proportionate to the individual’s culpability and potential for change.

Impact on Current and Future Cases

These evolving laws have significant implications:

For Current “Youth Lifers”: Individuals who were sentenced to mandatory LWOP at 19 or 20 years old now have a path to potentially be released from prison after serving a specific number of years, offering them a second chance at life outside of incarceration. This also includes individuals who were 18 at the time of their offense, as per the earlier People v. Parks and People v. Poole rulings.

For Future Cases: Prosecutors and judges in Michigan must now factor in the age and developmental stage of defendants under 21 when considering sentencing for serious crimes that previously mandated LWOP. This necessitates a more individualized approach, focusing on rehabilitation potential rather than automatic condemnation.

MCL Reference:

Michigan Compiled Law (MCL) Section 769.1 deals with sentencing, and various other sections within the Michigan Penal Code (e.g., MCL 750.316 for first-degree murder) define the crimes that previously carried these mandatory sentences.

The Supreme Court’s rulings effectively modify the application of these sentencing provisions for young adults.

When you’re facing serious criminal charges in Michigan, understanding the constantly evolving landscape of the law is crucial. At Komorn Law, established in 1993, we have the experience and expertise to fight your case in a court of law, from the district to federal court systems. So when you’re ready to hire a lawyer who hates to lose, call our office  (248) 357-2550.

FAQs

Evolving “Youth Lifer” Laws in Michigan

Q: Does this ruling mean all “youth lifers” will be immediately released from prison?

A: No. The ruling means they are no longer subject to mandatory life without parole. They will receive resentencing hearings where a judge will consider their individual circumstances, including their youth at the time of the crime and their potential for rehabilitation. While some may eventually be released, it is not an automatic process.

Q: What is an “emerging adult” in the context of criminal law?

A: An “emerging adult” typically refers to individuals between the ages of 18 and 25. The Michigan Supreme Court, in its rulings, recognized that this age group still undergoes significant brain development, making them distinct from older adults in terms of decision-making and impulse control.

Q: How does this impact victims and their families?

A: The resentencing process can be incredibly difficult for victims and their families, as it may require them to revisit traumatic events. Prosecutors’ offices are responsible for notifying victims and ensuring their voices are heard during resentencing hearings. The legal system aims to balance justice for victims with the evolving understanding of youth culpability and potential for rehabilitation.

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

Getting caught with brass knuckles in Michigan can lead to serious legal trouble. While some states have more lenient laws, Michigan takes a strict stance on these types of weapons. If you or someone you know faces charges involving brass knuckles, understanding the law is crucial.

Laws Regarding Brass Knuckles in Michigan

In Michigan, brass knuckles are considered dangerous weapons, and their possession, manufacture, or sale is generally prohibited. The relevant statutes are found within the Michigan Penal Code.

• Michigan Compiled Laws (MCL) 750.224 – Dangerous Weapons; Manufacturing, Selling, Possessing: This section of the law prohibits the manufacture, sale, offering for sale, or possession of a variety of dangerous weapons, and specifically lists “metallic knuckles” (which include brass knuckles) as one such prohibited item.

• Penalties for Possession: Violating MCL 750.224 is a felony offense. A conviction can result in imprisonment for up to 5 years and/or a fine of up to $2,500. (MCL 750.224)

• Concealed Weapons: Even if not explicitly mentioned in MCL 750.224, carrying brass knuckles concealed on your person or in a vehicle can also lead to charges under Michigan’s concealed weapon laws. MCL 750.227 – Concealed Weapons; Carrying; Penalty: This law prohibits carrying certain dangerous weapons concealed without a license. While often associated with pistols, it broadly covers “any other dangerous weapon.” A violation of MCL 750.227 is a felony, punishable by imprisonment for up to 5 years, or a fine of up to $2,500, or both. (MCL 750.227)

• Intent to Unlawfully Use: Michigan law also addresses carrying a weapon with the intent to use it unlawfully against another person. MCL 750.226 – Carrying with Unlawful Intent: This law states that a person shall not “with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm… or any other dangerous or deadly weapon or instrument.” This is a felony, punishable by up to 5 years in prison or a fine of up to $2,500. (MCL 750.226)

Oversized Jewelry as a Weapon

Oversized Jewelry as a Weapon: While Michigan law doesn’t specifically name “oversized jewelry” as a prohibited weapon, there are two key ways such an item could lead to charges:

• Resemblance to Brass Knuckles (MCL 750.224): Legal interpretations suggest that if an item of jewelry is designed or functions in a way that resembles brass knuckles, it could be considered “metallic knuckles” under MCL 750.224. This means even if it’s marketed as jewelry, its form or potential use as a weapon could make its possession illegal.

In Michigan, MCL 750.224 criminalizes the possession, manufacture, or sale of “metallic knuckles”. This section specifically includes devices like blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, and bludgeon. The key point is that even items that resemble brass knuckles, such as jewelry, handbags, or belt buckles, are included in this prohibition.

Elaboration:
This specific subsection of the Michigan Penal Code defines and prohibits the possession, manufacture, or sale of certain weapons.

Metallic Knuckles:
The term “metallic knuckles” directly encompasses brass knuckles, which are known for their ability to concentrate force on a punch and cause increased tissue damage.

Resemblance:
The law’s wording extends the ban to items that resemble metallic knuckles, even if they are not exactly the same. This means that even items like jewelry, handbags, or belt buckles could be considered illegal if they visually mimic the shape and function of brass knuckles.

Consequences:
Violating (MCL 750.224) is a felony in Michigan, punishable by imprisonment for up to five years, a fine of up to $2,500, or both.

FAQs About Brass Knuckles in Michigan

What exactly are “metallic knuckles” under Michigan law?

“Metallic knuckles” is the legal term used in Michigan to describe what are commonly known as brass knuckles. This includes any device worn on the hand to increase the impact of a punch, typically made of metal.

Can I claim self-defense if I used brass knuckles?

While self-defense is a legal argument in certain assault cases, simply possessing brass knuckles is generally illegal in Michigan. Using a prohibited weapon, even in self-defense, can complicate your legal situation and potentially lead to additional charges.

What should I do if I’m charged with possessing brass knuckles?

If you are charged with possessing brass knuckles, it is crucial to seek legal counsel immediately. An experienced attorney can review the specifics of your case, explain your rights, and develop the best defense strategy.

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