Burglary
One of the most common crimes in Michigan is theft. However, the cousin of theft is burglary, which is a much more serious crime.
Unlike theft convictions, which are generally classified as misdemeanors, Michigan’s burglary laws are classified as felonies, and can have immediate and severe consequences if convicted.
We’ll go over some of those consequences in the following article.
Oakland County Burglary Defense Attorney
If you or someone you know has been charged with a type of larceny, it’s within your best interest to contact Dallo Law, P.C.
J. Dallo of Dallo Law, P.C. is passionate about helping his clients navigate the criminal justice system with promising results. Not only that, but attorney Dallo has been practicing criminal defense for years and has the knowledge needed to fight any type of theft charge no matter the circumstances. Get started on your defense and call Dallo Law, P.C. today for a free consultation.
Set up your first consultation by calling Dallo Law, P.C. at (248) 283-7000.
Burglary Information Center
- Understanding Michigan’s Burglary Laws
- Penalties for Violating Michigan’s Theft Laws
- Hire a Burglary Defense Attorney in Oakland County
Understanding Various Burglary Charges
Generally, burglary is defined as the use of force to commit theft. This could include breaking into a house, shattering a lock, and so on. However, Michigan extends this definition to the use of forceful entry to commit any kind of felony. In this section, we’ll go over some of the more common burglary laws on Michigan’s books.
Breaking and Entering (Section 750.110)
The most common burglary charge, and the one that most people think of, breaking and entering is defined just as it sounds. In order to be charged, the prosecution must prove that the defendant did something other than simply walk into a building. The defendant must also have the intent to commit a larceny (theft crime) or a felony. This section does not cover home invasion, which is a separate charge.
Home Invasion (Section 750.110a)
Home invasion is split into three separate degrees, all of which center on the central premise of entering a person’s home with the intent to assault someone, steal something or commit a felony.
- Third Degree: Entering (with or without breaking):
- While intending to commit a misdemeanor or
- While violating the terms of probation, parole or protection order
- Second Degree: Entering (with or without breaking) a dwelling with the intent to commit an assault, felony or larceny
- First Degree: Entering (with or without breaking) a dwelling in order to commit and assault, steal something or commit a felony:
- While armed with a dangerous weapon or
- While another person is present in the home (the owner is home)
Entering Without Breaking (Section 750.111)
Entering Without Breaking is exactly as it sounds. Arguing that one did not have to break or pick a lock or a window is not a valid defense against burglary charges.
Tailgating (walking behind someone), taking advantage of poor security or any other manner of entering an unauthorized area with the intent of committing theft or a felony is enough to warrant a burglary charge.
Burglary with Explosives (Section 750.112)
Ever thought of busting open a safe like in the movies? Think again. Michigan recognizes the danger in acquiring and deploying explosives, especially in the area of theft crimes. Using C4, dynamite, nitro-glycerine, gunpowder or any other high-explosive in the course of committing any crime after entering a building is a severe felony punishable by no less than 15 years in state prison.
Penalties for Burglary
Breaking and entering is a felony punishable by not more than 10 years in prison.
Home invasion is a felony and punishable as follows:
- First degree: A maximum prison term of 20 years and/or a fine not exceeding $5,000.
- Second degree: A maximum prison term of 15 years and/or a fine not exceeding $3,000.
- Third degree: A maximum prison term of 5 years and/or a fine not exceeding $2,000.
Entering without breaking is a felony punishable by not more than 5 years in prison or a fine not exceeding $2,500.
Burglary with explosives is a felony punishable by a minimum of 15 years and a maximum of 30 years in state prison.
Collateral Consequences of a Felony Conviction
If you are found guilty of any of the above charges, then you may face the following additional consequences:
- Difficulty finding employment: Many employers will not consider a candidate if he or she has a felony conviction
- Loss of right to vote: While incarcerated, felons are not allowed to vote in Michigan. You can, however, continue voting once you have been released.
- Loss of right to bear arms: Felons are not allowed to possess firearms. For many in Michigan, this makes it difficult or impossible to hunt.
- Difficulty finding housing: Unless you have a home and enough money to cover mortgage payments while in prison, chances are you’ll need to rent a home or apartment once you get out. This can be difficult since many land-owners refuse to rent to those with felony convictions.
- Social Stigma: Felons show up in national database searches, which may make maintaining friend and relationships difficult.
Hire a Burglary Defense Attorney in Oakland County
Set up your first consultation by calling Dallo Law, P.C. at (248) 283-7000. Our firm accepts clients throughout the greater Oakland County and Macomb County area including Pontiac, Troy, Waterford Township, Oakland Charter Township, Royal Oak, Clarkston, Southfield, Bloomfield Hills, Warren, Sterling Heights, Romeo, Utica, Roseville, and Eastpointe.