Detroit Burglary Lawyer
In Michigan, the crime of burglary is defined as a home invasion in the penal code. Depending on the circumstances, you may find yourself charged with first, second, or third-degree home invasion, each of which carries its own penalty. As with any crime, the sooner you retain the services of an experienced attorney to defend your case, the better chance you’ll have at avoiding a conviction. At Drias Law Group, we have significant experience defending home invasion cases, and we will fight to ensure you are given a fair trial.
First and Second Degree Home Invasion
Michigan Penal Code section 750.110a defines home invasion as:
- Breaking and entering a dwelling with the intent to commit a felony, larceny, or assault
- Entering a dwelling without permission with the intent of committing a felony, a larceny, or an assault
- Breaking or entering without permission into a dwelling, and committing a felony, a larceny, or an assault at the time of entering, exiting, or being inside the dwelling
A prosecutor may charge you with home invasion of the first degree when there is evidence that:
- You were armed with a dangerous weapon
- Another person was lawfully present in the dwelling.
The felony of home invasion of the first degree carries a maximum prison sentence of twenty years, and may involve an optional fine of up to $5,000.
Absent these aggravating factors, you may be charged with second-degree home invasion, which carries a maximum sentence of fifteen years imprisonment and an optional fine of $3,000.
Third Degree Home Invasion
Section 750.110a of the Michigan Penal Code defines home invasion of the third degree as:
- Breaking and entering a dwelling with the intent to commit a misdemeanor in the dwelling
- Entering a dwelling without permission with the intent of committing a misdemeanor
- Breaking and entering a dwelling and actually committing a misdemeanor while you are present in, entering, or exiting the building
- Breaking and entering a dwelling and in doing so violating a protection order, parole condition, probation condition, or a bond condition
The penalty for committing the felony of home invasion of the third degree may reach five years of jail time along with an optional fine of up to $2,000.
Entering Without Breaking
According to Michigan Penal Code section 750.111, it’s a felony to enter without breaking into any of the following places with the intent of committing a felony or larceny:
- A dwelling, house or a tent
- A hotel
- An office
- A store, shop, or warehouse
- A barn or granary
- A factory or other building
- A ship or shipping container
- A railroad car
- Any structure used or kept for public or private use
The penalty for committing this felony may reach five years of jail time and a possible fine of up to $2,500.
Other Burglary Crimes
Under Michigan Penal Code section 750.112, it’s a felony to enter any building with the intent to commit a crime while using an explosive to gain entry. The prison sentence resulting from a conviction may be anywhere between fifteen and 30 years in state prison.
Michigan Penal Code 750.113 applies when a person maliciously and willfully opens with the use of force or without permission a coin box or depository of things of value. The penalty for this misdemeanor can be as high as six months in jail and / or a fine of $750.
If you break into a display counter or outside showcase, Michigan Penal Code 750.114 provides for a sentence of six months in jail along with an optional $750 fine.
According to Michigan Penal Code 750.116, it’s a felony to possess with the intent to use any tool or explosive designed for breaking into houses or safes. If found guilty, you could face up to ten years in prison.
How a Detroit Burglary Lawyer Can Help
In addition to the entry of a felony on your record, the fines, and jail time described above, you may also have to pay back the people you stole from under Michigan’s laws of criminal restitution. In other words, the consequences of a conviction for home invasion or a related offense are very harsh.
Fortunately, a skilled Detroit burglary lawyer working by your side may be able obtain your innocence, the dismissal of your charges, or a conviction for a lesser offense. Some of the strategies your attorney may use in your defense include:
- Arguing for the suppression of the evidence against you if it was obtained illegally or if its use violates the rules of evidence
- Demonstrating that there is a reasonable doubt as to whether you committed the acts of which you are accused, or that you did not act knowingly or with criminal intent
- Advocating for a lenient sentence if there are mitigating factors, such when you are being charged for your first offense
If you need a Detroit property crimes lawyer with deep experience of Michigan’s criminal justice system, criminal defense lawyer Martin Drias is here to help. If you’ve been charged with a crime, you can call the Drias Law Group today for a free and confidential consultation of your case.
At Drias Law Group PLLC, we’re committed to representing you every step of the way — from arrest to trial — and making sure you have all of the information you need to make decisions about your case. Call us for a consultation about your case today.
Charged with burglary? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 944-0236 today or fill out the form below and we will help you.
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