Breaking and entering is a felony in the state of Michigan. The key difference between breaking and entering and home invasion is that home invasion involves a dwelling where people live. There is yet a third term called “illegal entry” which is a misdemeanor offense which involves entering someone’s home without permission, but there is no intent to commit a crime.

Also important to note, a building isn’t just a home or store, it can include a tent, hotel, office, warehouse, factory, shipping container or other structure.

Understanding these differences and the laws as they apply to your situation can be critical in the defense of your case.

What is the penalty for breaking and entering and home invasion?

Under Michigan law, entering without breaking is a 5-year felony offense, with a max $2,500 fine. 

Entering with breaking is a 10-year felony offense.

What will they need to convict me of breaking and entering?

The prosecutor must prove that you:

  • Broke into a building, which can mean something was broken or you just used force, including opening a door or window. Entering through an open door or open window does not count as force.
  • Entered the building. This comes down to if any part of your body, or the whole, entered the building.
  • Your intent to commit a crime. This can be the trickiest part to confirm since it is based on your mindset (i.e. did you intend to hurt someone and brought a weapon, or did you intent to steal something and brought a bag).

What can I do about my breaking and entering or home invasion case?

It is important that you remain silent when questioned and request that you contact a defense attorney that specializes in breaking and entering and home invasion cases. You can lay out the case with Fran Murphy Law at 248-763-4111 and she will assist you in exploiting any weaknesses in the prosecution’s case so that you are able to defend yourself. Call Fran Murphy Law for a free consultation so that we can begin creating a plan to serve your interests.