Breaking and Entering Law Michigan
According to the breaking and entering law of Michigan, an individual can only be convicted of violating breaking and entering laws if there is sufficient evidence to prove that the person entered a building illegally through using force. "Breaking" into a building includes actions such as breaking down the main door or any side door or opening a window from the outside- even one which was already partially open.
If you simply break open the door or window, you cannot be charged for a crime under Michigan breaking and entering law. Your physical belongings should enter the building in some way, even if it means placing an article of clothing inside the simply putting your hand in through the door or window.
Punishment for Breaking and Entering in Michigan
The breaking and entering law in the state of Michigan classifies the crime as a misdemeanor. Any person who breaks into someone else's property without permission is guilty of this crime. Dwellings listed include stores, warehouses, factories, boats, railroad cars, houses, offices, hotels, barns, or any other building which is on personal property, regardless of whether the building is occupied or unoccupied at the time of the break-in.
The punishment for breaking and entering in Michigan varies according to the intent of the individual. There is no blanket punishment for breaking and entering laws in Michigan. Rather, all penalties of breaking and entering law are determined according to your actions once you step foot inside the premises.
- Intent to Commit Felony: According to Michigan breaking and entering law, if you enter a building with an intent to commit a felony, for example, a burglary, then you can be charged with maximum prison time of up to 10 years, depending on whether you were successful in completing your intentions, and the value of what you had tried to steal. In addition, if anyone enters other forms of dwelling with an intention to steal, for example, a barn, boat, hotel or office, then they will be liable to be punished with maximum prison time of up to 5 years, a fine of a maximum of $2,500, or both, depending on the value of money that was burgled and if the individual was successful with their crime or not.
- Breaking and Entering: Any individual who breaks and enters into a showcase or a shop with display items will have to face prison time of up to 6 months and will have to cough up a fine of a maximum of $750. This kind of breaking and entering is classified as a misdemeanor, regardless of whether the individual stole something or not. Breaking into these places is not a serious affair since there is no scope for another person to get injured in the act. However, if the individual steals products of immense value, then the burglary will be tried in court as a separate case. The act of breaking and entering in itself will hold a very light punishment.
The state of Michigan classifies every crime of breaking and entering as unique. Different factors are looked into when determining whether or not the individual is guilty of the crime. Ultimately, the individual will only be proven guilty if there is sufficient evidence to conclude that they did not actually have any reason to be where they were- they could have only been at the place of the crime to commit the act, and not for any other reason. Thus, the state of Michigan allows the accused the benefit of the doubt before finally convicted them for breaking and entering, whether it be with or without the additional burglary charges.
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