Attorney D.G. Moore is an experienced Michigan criminal defense lawyer dedicated to protecting the rights of individuals accused of serious property crimes, including breaking and entering, burglary with explosives, and related offenses. Understanding these laws is essential if you or a loved one is facing charges.
Breaking, Entering, and Burglary with Explosives in Michigan (MCL 750.111, 750.112, 750.115)
In Michigan, MCL 750.111, 750.112, and 750.115 address breaking and entering, specifically focusing on entering without breaking, burglary with explosives, and breaking and entering or entering without breaking, respectively.
Understanding Michigan’s Breaking & Entering Laws
In Michigan, it is illegal to enter private property without consent or to enter public property when entry is expressly denied. Charges related to breaking and entering, entering without breaking, or burglary with explosives depend on intent and the method of entry. The Michigan Penal Code Excerpt (Act 328 of 1931) outlines these offenses and their penalties, emphasizing the legal implications under the ‘1931 act 328 eff’.
Historically, the ‘CL 1929’ statutes also provided a framework for understanding the legal precedents and penalties associated with these crimes.
Understanding Michigan Penal Code Excerpt (Act 328 of 1931)
The Michigan Penal Code Excerpt, also known as Act 328 of 1931, is a cornerstone of Michigan’s criminal law. This comprehensive legislation outlines various offenses, including breaking and entering, burglary, and related crimes. Enacted in 1931, the act has been amended multiple times to address evolving legal standards and societal needs.
The Michigan Penal Code provides a detailed framework for prosecuting property crimes, ensuring that individuals and their properties are protected under the law. Understanding this code is crucial for anyone involved in the legal system, as it defines the boundaries of lawful behavior and the consequences of criminal actions.
Types of Breaking and Entering Crimes
MCL 750.111 – Entering Without Breaking (Felony)
- Occurs when an individual enters a house, hotel, factory, warehouse, railroad car, other building, or other structure without breaking in but intends to commit a felony or larceny inside. The individual must have the authority or control thereof to grant access.
- No forced entry is required—simply walking through an unlocked door with criminal intent qualifies.
MCL 750.112 – Burglary with Explosives (Felony)
- If someone enters a building or structure and uses or attempts to use explosives such as nitroglycerin, gunpowder, or dynamite to commit a crime, they can be charged under this statute.
MCL 750.115 – Breaking and Entering or Entering Without Breaking (Misdemeanor/Felony)
- Includes breaking into a dwelling, store, warehouse, barn, tent, railroad car, boat, public/private building, or private apartment without permission.
- If committed with intent to steal or commit another felony, it is charged as a felony and can result in felony charges.
Read the full text of MCL 750.111 – Michigan Legislature
Read the full text of MCL 750.112 – Michigan Legislature
Read the full text of MCL 750.115 – Michigan Legislature
Burglary with Explosives (MCL 750.112)
Burglary with explosives, as defined in MCL 750.112, is one of the most severe property crimes under Michigan law. This felony offense involves the use or attempted use of explosives, such as dynamite, nitroglycerin, or gunpowder, to commit a crime within a building or structure.
The gravity of this crime is reflected in its harsh penalties, with imprisonment ranging from a minimum of 15 years to a maximum of 30 years. The use of explosives not only endangers property but also poses significant risks to human life, which is why Michigan law treats this offense with utmost seriousness.
Penalties and Felony Charges for Breaking and Entering in Michigan
| Offense | Penalty | Maximum Sentence | Fine |
|---|---|---|---|
| Entering Without Breaking (MCL 750.111) – Felony | Entering without force but intending to commit a crime | Up to 5 years in prison | Up to $2,500 |
| Burglary with Explosives (MCL 750.112) – Felony | Using explosives during a break-in | 15-30 years in prison | Determined by the court |
| Breaking & Entering (MCL 750.115) – Misdemeanor | Unauthorized entry without criminal intent | Up to 1 year in jail | Determined by the court |
| Breaking & Entering with Intent to Commit a Crime (MCL 750.115) – Felony | Entering with intent to steal or commit a felony | Up to 10 years in prison | Determined by the court |
These statutes are part of Michigan’s criminal law, which has evolved over time, including significant amendments in CL 1948.
Michigan Sentencing Guidelines – Michigan Courts
What Are the Consequences of a Conviction?
A conviction for breaking and entering, burglary with explosives, or related offenses can have long-term effects on your future, including:
Permanent Criminal Record – Felony and misdemeanor convictions remain on your record, affecting employment and housing.
Employment Challenges – Many employers conduct background checks, making it difficult to secure a job.
Loss of Firearm Rights – A felony conviction can result in the permanent loss of your Second Amendment rights.
Immigration Issues – Non-citizens could face deportation or visa denial.
Repeat Offender Enhancements – Prior convictions can result in harsher sentences if convicted again.
Expungement & Criminal Record Relief – Michigan State Police
Entering Public Buildings and Burglary
Entering public buildings without permission or with the intent to commit a crime is a serious offense in Michigan. Classified as burglary, this felony can result in imprisonment for up to 20 years and fines of up to $5,000. The law is clear: obtaining permission before entering public buildings is essential to avoid legal consequences.
Michigan law also prohibits breaking and entering or entering without breaking into various structures, including dwellings, houses, tents, hotels, offices, stores, shops, warehouses, barns, granaries, factories, and other buildings. This prohibition extends to boats, ships, railroad cars, and structures used for public or private use. Private apartments, cottages, clubhouses, boat houses, hunting or fishing lodges, garages, and out-buildings belonging to them are also covered under this law.
Permission from the person having immediate control of the property is required to enter any of these structures. Violating this law is a misdemeanor, but if the entry is made with the intent to commit a felony or larceny, the offense is elevated to a felony punishable by up to 5 years in prison or a fine of up to $2,500.
It is important to note that entering without breaking into a place open to the public is not prohibited unless entry was expressly denied. Additionally, breaking and entering or entering without breaking by a peace officer or an individual under the peace officer’s direction in the lawful performance of their duties is exempt from this prohibition.
In conclusion, understanding the Michigan Penal Code Excerpt (Act 328 of 1931) and the laws surrounding property crimes is crucial for individuals and law enforcement agencies alike. Awareness of these laws helps prevent crimes and ensures public safety, emphasizing the importance of obtaining permission before entering any property.
Defenses Against Breaking & Entering Charges
If you have been accused of breaking and entering or burglary with explosives, you are not automatically guilty. There are several defense strategies that could help reduce or dismiss your charges.
- Lack of Intent: Proving that you did not have the intent to commit a crime can be a strong defense.
- Mistaken Identity: If you were wrongly identified as the perpetrator, this can be a valid defense.
- Consent: If you had permission to enter the property, this can negate the charges.
- Alibi: Providing evidence that you were elsewhere when the crime occurred can exonerate you.
- Peace Officer’s Direction: If the entry was performed by a peace officer or someone acting under the peace officer’s direction while executing their official duties, this can serve as a defense against unlawful entry charges.
1. Lack of Intent
- Michigan law requires criminal intent to charge someone with felony breaking and entering.
- If the prosecution cannot prove that you intended to steal or commit a felony, your charges may be dropped or reduced.
2. Mistaken Identity
- Surveillance footage, eyewitnesses, or misleading police reports could result in false accusations.
- An alibi or weak evidence can challenge the prosecution’s case.
3. Illegal Search and Seizure
- If police obtained evidence illegally (e.g., warrantless search, no probable cause), your case could be dismissed.
4. Consent to Enter the Property
- If you had permission to be on the premises, including any out-buildings belonging thereto, the prosecution must prove you were there illegally.
5. Insufficient Evidence
- If prosecutors cannot prove beyond a reasonable doubt that a crime occurred, the case should be dismissed.
Michigan Penal Code and Property Crimes
The Michigan Penal Code is an extensive set of laws that govern various criminal activities, including property crimes like breaking and entering, burglary, and larceny. These laws are meticulously designed to safeguard individuals and their properties from harm.
By providing a clear legal framework, the Michigan Penal Code enables law enforcement agencies to effectively investigate and prosecute property crimes. Understanding these laws is essential for both legal professionals and the general public, as it helps in recognizing the legal boundaries and the repercussions of violating them.
Why You Need an Experienced Criminal Defense Lawyer
If you have been charged with breaking and entering, entering without breaking, or burglary with explosives, you need an aggressive legal defense to protect your rights. D.G. Moore has decades of experience successfully defending clients in Michigan against felony and misdemeanor property crimes.
Why Choose D.G. Moore Law?
- Decades of Criminal Defense Experience
- Proven Track Record of Case Dismissals & Reduced Sentences
- Aggressive Defense in Court
- 24/7 Legal Support for Urgent Cases
Don’t Face These Charges Alone. Call D.G. Moore Law at (269) 808-8007 for a Free Consultation Today.
Criminal Defense Practice Areas
Frequently Asked Questions
Can You Be Charged for Entering Without Breaking into an Unlocked Building?
Yes. Under MCL 750.111, entering a building without breaking in, but with intent to steal or commit a felony, is a felony offense.
Is Breaking and Entering a Felony in Michigan?
It depends.
- If you enter a property with intent to steal or commit a felony – it is a felony (MCL 750.115).
- If you enter without criminal intent – it is a misdemeanor.
Under former law, breaking and entering statutes were more stringent, often requiring actual breaking to constitute a felony.
What Is Burglary with Explosives?
Using or attempting to use explosives (dynamite, nitroglycerin, gunpowder) while committing burglary is a felony with a minimum sentence of 15 years (MCL 750.112).
Can Breaking and Entering Charges Be Dropped?
Yes. If there is lack of intent, mistaken identity, or insufficient evidence, an experienced defense attorney can challenge the charges and seek a dismissal or reduction.
What Should I Do If I Am Arrested for Breaking & Entering?
- Remain silent – Do not talk to the police without an attorney.
- Do not resist arrest – Cooperate calmly to avoid additional charges.
- Contact an experienced Michigan criminal defense lawyer immediately.
