Breaking and Entering Lawyer – Michigan
Breaking and Entering is a serious felony offense that could result in years of prison time. Michigan criminal lawyer Aaron J. Boria has defended those accused of this crime. Call (734) 453-7806 today for a free consultation.
Second Offense Breaking and Entering
To prove Second Offense Breaking and Entering the prosecuting attorney must prove the following:
- That the defendant broke into a dwelling. (Actual breaking doesn’t have to occur, opening a door, raising a window, or taking off a screen could all count as a breaking in a B and E case.)
- That the defendant entered the dwelling. The persons entire body does not have to enter the house, putting an arm in would be enough.
- That when the defendant broke and entered they intended to commit a crime such as stealing, or while they were inside decided to commit a crime such as stealing.
The penalty for second offense Breaking and Entering in Michigan is up to 15 years in prison and a fine in the thousands.
First Offense Breaking and Entering
To prove First Offense Breaking and Entering the prosecuting attorney must prove the following:
All of the elements listed above for second offense B and E as well as that the defendant was armed with a dangerous weapon or another person was lawfully present in the home.
The penalty for a first offense B and E is 20 years in prison and thousands of dollars in fines.
Defenses to Breaking and Entering in Michigan
Claim of right – You were allowed to be there
Identification – It wasn’t you
Alibi/lack of presence – It wasn’t you and you were somewhere else
Abandonment – No one owned the home
Mere presence not sufficient – just because you were there isn’t enough to commit you
Michigan Criminal Lawyer
Aaron J. Boria is an experienced Michigan criminal defense lawyer that has defended those accused of breaking and entering into homes, breaking and entering into cars, breaking and entering into commercial buildings, and other similar charges while achieving great results.
Call (734) 453-7806 today for a free consultation with Michigan criminal lawyer, Aaron J. Boria.
