This past month a client of ours was charged with multiple criminal offenses including breaking and entering without permission. After intense negations with the Wayne County prosecutor’s office we were able to get the charge dismissed. Read more about that case below.
If you have been charged with breaking and entering call Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806.
Entering Without Owners Permission
After some heavy drinking, our client made the mistake one night of trying to walk into his house only to find out that it wasn’t his house, it was his neighbors house. This spooked the neighbor who called the police and resulted in our client being charged with multiple offenses.
Believe it or not, these cases are not that uncommon, in the past we have experienced similar cases where someone had went out drinking and were returning to a friend’s house but went to the wrong address. Thinking they have permission they walk into the house and terrify the homeowner who thinks they are being robbed or worse.
Elements of Entering Without Permission
All crimes are made up of elements. The prosecuting attorney must prove your guilt of each and every element or you are entitled to a verdict of not guilty.
The elements of Breaking and Entering Without Permission in Michigan are:
1. The person accused of the crime entered a building.
2. That the person accused of the crime entered the building without the owner’s permission.
It is important to note that actual breaking isn’t required, walking through an unlocked or open door is still considered to satisfy the first element. The law does not require the entire body of the accused to enter the building; any part of their body such as a foot or a hand can count.
If convicted, the penalty for breaking and entering without permission in Michigan is a criminal misdemeanor that carries up to 90 days in jail, fines and costs.
This offense is different from felony breaking and entering with the intent to commit a felony or larceny inside, which is a 10-year offense.
Entering Without Permission Defenses
There are many defenses to entering without permission. When a reasonable defense is presented at trial the prosecuting attorney must try to disprove it otherwise you are entitled to a not guilty verdict any time there is reasonable doubt.
Claim of Right – If you had a reason to be there such as being invited inside you likely have a valid defense.
Identification – You were wrongly identified as the person who tried to get inside the building.
Alibi/Lack of Presence – It wasn’t you
Abandonment – If the property was abandoned and you were using as shelter you may have a valid defense.
Breaking and Entering Without Permission Lawyer
If you have been charged with Breaking and Entering Without Permission or some other crime call criminal defense lawyer, Aaron J. Boria today. We have successfully negotiated dismissals breaking and entering in multiple courts all over Michigan.
We know how embarrassing and frustrating it can be to be charged with a criminal offense. We fight for our clients and we get results that other lawyers simply do not. Find out today why police, doctors, and even other lawyers hire Aaron J. Boria when their friends and family are charged with a crime.
Call (734) 453-7806 today to speak with Aaron J. Boria.