Understanding MCL 750.116: Michigan Law on Possession of Burglar’s Tools

Possessing tools designed for breaking and entering can lead to serious criminal charges in Michigan. You might be asking: What is MCL 750.116 Michigan Possession of Burglar’s Tools?

Under MCL 750.116, it is illegal in Michigan to knowingly possess tools, explosives, chemicals, or devices intended for breaking into buildings, safes, vaults, or other secured areas. A conviction can result in significant penalties, including fines and imprisonment.

With decades of experience defending individuals facing criminal charges in Michigan, I’ve helped clients understand their legal rights and build strong defenses. Let’s examine what constitutes possession of burglar’s tools under Michigan law and the potential consequences of a conviction.

What Is Possession of Burglar’s Tools Under the Michigan Penal Code?

Possession of burglar’s tools is a felony offense in Michigan under MCL 750.116. This law makes it illegal for an individual to possess any tools, explosives, or devices specifically adapted or designed for breaking into a building, vault, room, safe, or other depository with the intent to steal money or property. The Michigan Penal Code, specifically Section 750.116, outlines the unlawful actions and associated penalties for possessing burglar’s tools in Michigan.

Elements of the Crime

To secure a conviction, prosecutors must prove beyond a reasonable doubt that:

1. The tools in question qualify as burglary tools – These may include:

• Lock-picking devices
• Cutting tools (crowbars, bolt cutters, glass cutters)
• Explosives or chemicals (nitroglycerin, thermite, explosive thermite engine machine)
• Any other device specifically designed or adapted for breaking and entering or breaking open various types of depositories

2. The accused knowingly possessed the tools – The prosecution must prove that the defendant was aware of the presence and purpose of the tools.
3. The accused intended to use the tools for burglary – Possessing the tools alone is not enough; the prosecution must establish that the defendant planned to use them for an unlawful break-in.

    

Read the full text of MCL 750.116 – Michigan Legislature

Penalties for Possession of Burglar’s Tools in Michigan

Possession of burglar’s tools is classified as a felony with severe criminal penalties:

Such a person convicted of this offense may face severe penalties.

For more information: Michigan Sentencing Guidelines – Michigan Courts

Consequences of a Burglary Tools Conviction

A felony conviction for possession of burglar’s tools carries long-term consequences, including:

• Permanent Felony Record – A conviction will stay on your record for life, impacting future opportunities.
• Employment Challenges – Many employers conduct background checks and may deny jobs to those with felony convictions.
• Housing & Financial Barriers – Felony convictions can make it difficult to secure housing, loans, or financial aid.
• Enhanced Sentencing for Future Offenses – A prior felony conviction can result in harsher penalties if convicted of another crime with intent to steal therefrom.

Expungement & Criminal Record Relief – Michigan State Police

Related Crimes Under Michigan Law

Possession of burglar’s tools is often charged alongside or in connection with other felony crimes, including:

• Burglary with Explosives (MCL 750.112) – Using explosives to commit a break-in.
• Breaking and Entering with Intent to Commit a Felony or Larceny (MCL 750.110) – Unlawfully entering a building with intent to commit theft or another crime.
• Home Invasion (MCL 750.110a) – Entering an occupied dwelling with criminal intent.
• Offenses related to tools that aid in forcibly starting or stealing a motor vehicle.
• Offenses related to having equipment that can forcibly open motor vehicles, including their trunks.

Michigan Criminal Code – Burglary & Theft Offenses

Defenses Against Possession of Burglar’s Tools Charges

A felony charge does not guarantee a conviction. With a strong legal defense, charges can be dismissed, reduced, or beaten at trial. It is important to note that such presumption of intent can be contested with evidence of lawful intent.

One key defense is to challenge the prosecution’s ability to prove that the person intended to use the tools for illegal purposes.

1. No Intent to Commit a Crime

• Simply possessing tools that could be used for burglary does not automatically make someone guilty. The prosecution must prove intent to commit breaking and entering for the purposes aforesaid.

2. Lawful Use of Tools

• Many of the items classified as burglar’s tools (e.g., crowbars, bolt cutters) have legitimate, lawful uses.
• The defense may argue that the accused possessed the tools for a legal purpose (e.g., construction work, or repair shop, locksmith services) and that having these tools outside of one’s own residence or a garage or repair shop does not necessarily indicate intent to commit theft.

3. Lack of Knowledge

• If the defendant was unaware that the tools were in their possession or did not know they were considered burglary tools, such vehicle repair tool, it weakens the prosecution’s case.

4. Illegal Search and Seizure

• If law enforcement illegally obtained evidence (e.g., warrantless search, unlawful stop-and-frisk), the defense can file a motion to suppress evidence.

   

Know Your Rights – ACLU

Why You Need an Experienced Michigan Criminal Defense Lawyer

A possession of burglar’s tools charge can lead to serious consequences, including a felony record, prison time, and a ruined reputation. D.G. Moore has decades of experience successfully defending clients facing felony charges in Michigan. He will aggressively challenge the prosecution’s case, fight to reduce or dismiss charges, and work to protect your future.

Don’t risk your freedom. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.

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Frequently Asked Questions

Is Possession of Burglar’s Tools a Felony in Michigan?

Yes. Possession of burglar’s tools is a felony punishable by up to 10 years in prison under MCL 750.116.

What Are Considered Burglar’s Tools?

Burglar’s tools include: lock picks, crowbars, bolt cutters, explosives, or any device designed for breaking into buildings, safes, or vaults.

Do You Have to Be Caught Committing a Burglary to Be Convicted?

No. You can be charged with possession of burglar’s tools without actually committing a burglary if the prosecution proves intent to use the tools illegally.

Can Possession of a Crowbar or Bolt Cutters Lead to an Arrest?

Possessing everyday tools like a crowbar or bolt cutters is not illegal, but if law enforcement believes they are intended for burglary, you could face charges.

Can This Charge Be Reduced or Dismissed?

Yes. With an experienced attorney, charges can often be reduced to a lesser offense or dismissed due to insufficient evidence.

What Should I Do If I’m Arrested for Possession of Burglar’s Tools?

• Remain silent and do not answer police questions.
• Do not consent to a search of your property or vehicle.
• Contact a criminal defense attorney immediately.