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.
Michigan Burglary Laws Overview
Below you'll find key provisions of burglary laws in Michigan.
Michigan Compiled Laws, Chapter 750. Michigan Penal Code, Chapter XVI (Breaking and Entering)
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):
- First degree: entering (with or without breaking) a dwelling with intent to commit an assault, felony, or larceny while either being armed with a dangerous weapon or while another person is lawfully present in the dwelling.
- Second degree: entering (with or without breaking) a dwelling with the intent to commit an assault, felony, or larceny.
- Third degree: entering (with or without breaking) a dwelling (1) with the intent to commit a misdemeanor, or (2) violating the terms of probation, parole, or protection order.
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:
- 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.
Michigan Compiled Laws
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.
Michigan Burglary Laws: Related Resources
If you'd like more information about laws related to this topic, you can click on the links below:
Charged with Burglary in Michigan? Get Legal Help
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.