Created by FindLaw's team of legal writers and editors | Last reviewed February 22, 2018
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At common law, burglary was defined as breaking and entering into someone else's dwelling at night with the intent to commit a felony. Most states have built their definition of burglary off of this definition; however, they have made the crime broader usually including any type of building and getting rid of the nighttime requirement. Michigan has several statutes that address burglary, which is contained it the state's penal code under the chapter titled "breaking and entering." Michigan considers burglary a serious crime, and treats it as a felony in most instances.
Below you'll find key provisions of burglary laws in Michigan.
| Statute(s) | Michigan Compiled Laws, Chapter 750. Michigan Penal Code, Chapter XVI (Breaking and Entering) |
| What's Prohibited? | Breaking and Entering (Section 750.110): breaking and entering into a building or structure (other than a dwelling) with intent to commit a larceny or felony. Home Invasion (Section 750.110a):
Entering Without Breaking (Section 750.111): entering any building or structure with intent to commit a larceny or felony. Burglary with Explosives (Section 750.112): entering a building with the purpose of committing a crime by using or attempting to use explosives. |
| Charges and Penalties | Breaking and entering is a felony punishable by not more than 10 years in prison. Home invasion is a felony and punishable as follows:
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. |
Related Statute(s) |
Michigan Compiled Laws
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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As you can see, the circumstances surrounding a burglary will have a big effect on the charges and penalties you'll be facing for violating one of Michigan's breaking and entering statutes. To learn about the possible penalties you'll be facing if you're convicted under Michigan's burglary laws, you should contact a skilled criminal defense attorney in Michigan.
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