Facing burglary charges can be overwhelming, especially if it’s your first encounter with the criminal justice system. After being accused of breaking into a home, business or other property, the stakes are high for defendants.
A wise first step in your journey is to understand the legal landscape that lies ahead to help you make informed decisions about your defense. Here’s what Michigan burglary defendants need to know.
The definition of burglary
Michigan law doesn’t use the term “burglary” in its statutes. Instead, it categorizes these offenses under “breaking and entering” or “home invasion.”
The key elements typically include unlawful entry into a building or dwelling with the intent to commit a crime inside, often theft, but not always.
Degrees of home invasion
Michigan law breaks home invasion offenses into three different degrees:
- First-degree involves entering a dwelling with intent to commit a felony, while armed or when someone is present.
- Second-degree includes unlawful entry with intent to commit a felony, theft or assault, but without aggravating factors.
- Third-degree applies when someone enters unlawfully with intent to commit a misdemeanor or causes damage.
On the low end, a conviction for third-degree home invasion can result in up to five years in prison, while first-degree charges carry a maximum sentence of 20 years.
Possible defenses to burglary charges
Common defenses to consider for home invasion charges include:
- Lack of intent to commit a crime
- Mistaken identity
- Consent to enter the property
- Insufficient evidence
Burglary-related convictions can affect employment, housing and future legal outcomes. Early legal intervention can make a difference. The right guidance may lead to reduced charges, alternative sentencing or even dismissal.