Michigan Breaking and Entering Attorney
Lansing Theft Crimes and Breaking and Entering Attorney
In our American system of criminal justice, you are presumed innocent of all crimes until proven guilty beyond a reasonable doubt by a prosecuting official. If you or your loved one is accused or charged with a criminal offense, do NOT, under any circumstances, talk to the police. Reveal only your name, date of birth, address, and telephone number to the police, and do NOT consent to a police search or government official search of your body, home, telephone, computer, or vehicle without a search warrant. If you are facing questioning from a police officer or prosecuting official, contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580, and let Eric J. Sheppard fight for your rights.
If you or your loved one is accused or charged with a breaking and entering offense, then you need to contact Lansing theft crimes attorney Eric J. Sheppard. Lansing criminal defense attorney Eric J. Sheppard is aggressive and experienced in fighting all sex crime cases.
Breaking and entering crimes can be very difficult for police and prosecutors to prove without the benefit of eyewitness testimony. Many cases of breaking and entering are proven by admissions and confessions that individuals engage in with the police and government officials. It is vitally important that you do not make any incriminating statements to police officers. Contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580 if you find yourself involved in a theft crime case and the police are called to the scene or called to investigate a potential crime.
BREAKING AND ENTERING DEFINED:
To prove breaking and entering, a prosecutor must prove the following elements beyond a reasonable doubt:
- that the defendant broke into a building, structure, boat, ship, shipping container, railroad car, tent, hotel, office, store, shop, warehouse, barn, granary, factory [see MCL 750.110]
NOTE- it does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking [opening a partially open door or window further is enough to establish a breaking under People v Finney, 113 Mich App 683; 318 NW2d 519 (1982)]
NOTE- entering through an already open door or window without using any force does not count as a breaking
- that the defendant entered the building or structure; it does not matter whether the defendant got his or her entire body inside of the building or structure; if the defendant put any part of his or her body into the building after the breaking, that is enough to count as an entry into the building or structure
- that when the defendant broke and entered the building or structure, he or she intended to commit the offense of ________________
NOTE - this crime is a felony punishable by not more than 10 years imprisonment under MCL 750.110(1); this is a class D felony offense under the sentencing guidelines, which are advisory only under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015)
For breaking and entering crimes, there must be a breaking and entering of a building or structure with felonious intent. People v Cook, 131 Mich App 796; 347 NW2d 720 (1984).
Breaking and entering is a specific intent crime. Accordingly, a prosecutor must allege and prove that a particular felony was intended by the defendant. People v Cannoy, 136 Mich App 451; 357 NW2d 67 (1984); People v Westerberg, 274 Mich 647; 265 NW 489 (1936). In most cases, the particular felony alleged will be larceny; but the specific felony could be malicious destruction of property or assault.
NOTE- a proof of an intent to steal does not automatically arise from proof of a breaking and entering; there must be additional circumstances that reasonably lead to the conclusion that a defendant intended to commit a larceny while inside of the building or structure; however, intent may be reasonably inferred from circumstantial evidence as well as the nature, time, and place of the defendant's actions before, during, and after the breaking and entering of the building or structure. People v Uhl, 169 Mich App 217; 425 NW2d 519 (1988).
DEFENSES:
- Lack of intent to commit crime _______
- Claim of right
- Misidentification
- Alibi/lack of presence
- Abandonment
- Mere presence not sufficient to meet elements of the crime
- Inducement
Cite: M Crim JI 25.1
BREAKING AND ENTERING AN OCCUPIED DWELLING:
M Crim JI 25.2 Breaking and Entering Occupied Dwelling
(1) The defendant is charged with the crime of breaking and entering an occupied dwelling. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant broke into a building. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.1 Entering a building through an already open door or window without using any force does not count as a breaking.
(3) Second, that the defendant entered the building. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the building after the breaking, that is enough to count as an entry.
(4) Third, that when the defendant broke and entered the building, [he / she] intended2 to commit [state offense].3
(5) Fourth, the building involved must have been occupied as a place to live at the time of the breaking and entering. It does not matter whether the people who lived there were at home at the time.
Use Note
1 Opening further a partly open door or window is enough to establish a breaking. People v Finney, 113 Mich App 638, 318 NW2d 519 (1982).
2 This is a specific intent crime.
3 The elements of the offense intended should be given.
Statutes
MCL 710.110a.
Case Law
People v Hider, 135 Mich App 147, 351 NW2d 905 (1984); People v Noel, 123 Mich App 478, 332 NW2d 578 (1983); People v Finney, 113 Mich App 638, 318 NW2d 519 (1982); People v Winhoven, 65 Mich App 522, 237 NW2d 540 (1975).
NOTE - this crime is a felony punishable by not more than 10 years imprisonment under MCL 750.110(1); this is a class D felony offense under the sentencing guidelines, which are advisory only under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015)
NOTE- it is the intent of an occupant to return to the building that is being occupied as a place to live following an absence that controls the elements of this crime; accordingly, a building left vacant by the death of its sole occupant and owner is not an occupied dwelling, but a building left vacant for 2 weeks by its owner after the owner suffered a heart attack is still an occupied dwelling for the purpose of this crime. People v Noel, 123 Mich App 478; 332 NW2d 578 (1983).
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
Lansing Theft Crimes and Breaking and Entering Attorney
In our American system of criminal justice, you are presumed innocent of all crimes until proven guilty beyond a reasonable doubt by a prosecuting official. If you or your loved one is accused or charged with a criminal offense, do NOT, under any circumstances, talk to the police. Reveal only your name, date of birth, address, and telephone number to the police, and do NOT consent to a police search or government official search of your body, home, telephone, computer, or vehicle without a search warrant. If you are facing questioning from a police officer or prosecuting official, contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580, and let Eric J. Sheppard fight for your rights.
If you or your loved one is accused or charged with a breaking and entering offense, then you need to contact Lansing theft crimes attorney Eric J. Sheppard. Lansing criminal defense attorney Eric J. Sheppard is aggressive and experienced in fighting all sex crime cases.
Breaking and entering crimes can be very difficult for police and prosecutors to prove without the benefit of eyewitness testimony. Many cases of breaking and entering are proven by admissions and confessions that individuals engage in with the police and government officials. It is vitally important that you do not make any incriminating statements to police officers. Contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580 if you find yourself involved in a theft crime case and the police are called to the scene or called to investigate a potential crime.
BREAKING AND ENTERING DEFINED:
To prove breaking and entering, a prosecutor must prove the following elements beyond a reasonable doubt:
- that the defendant broke into a building, structure, boat, ship, shipping container, railroad car, tent, hotel, office, store, shop, warehouse, barn, granary, factory [see MCL 750.110]
NOTE- it does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking [opening a partially open door or window further is enough to establish a breaking under People v Finney, 113 Mich App 683; 318 NW2d 519 (1982)]
NOTE- entering through an already open door or window without using any force does not count as a breaking
- that the defendant entered the building or structure; it does not matter whether the defendant got his or her entire body inside of the building or structure; if the defendant put any part of his or her body into the building after the breaking, that is enough to count as an entry into the building or structure
- that when the defendant broke and entered the building or structure, he or she intended to commit the offense of ________________
NOTE - this crime is a felony punishable by not more than 10 years imprisonment under MCL 750.110(1); this is a class D felony offense under the sentencing guidelines, which are advisory only under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015)
For breaking and entering crimes, there must be a breaking and entering of a building or structure with felonious intent. People v Cook, 131 Mich App 796; 347 NW2d 720 (1984).
Breaking and entering is a specific intent crime. Accordingly, a prosecutor must allege and prove that a particular felony was intended by the defendant. People v Cannoy, 136 Mich App 451; 357 NW2d 67 (1984); People v Westerberg, 274 Mich 647; 265 NW 489 (1936). In most cases, the particular felony alleged will be larceny; but the specific felony could be malicious destruction of property or assault.
NOTE- a proof of an intent to steal does not automatically arise from proof of a breaking and entering; there must be additional circumstances that reasonably lead to the conclusion that a defendant intended to commit a larceny while inside of the building or structure; however, intent may be reasonably inferred from circumstantial evidence as well as the nature, time, and place of the defendant's actions before, during, and after the breaking and entering of the building or structure. People v Uhl, 169 Mich App 217; 425 NW2d 519 (1988).
DEFENSES:
- Lack of intent to commit crime _______
- Claim of right
- Misidentification
- Alibi/lack of presence
- Abandonment
- Mere presence not sufficient to meet elements of the crime
- Inducement
Cite: M Crim JI 25.1
BREAKING AND ENTERING AN OCCUPIED DWELLING:
M Crim JI 25.2 Breaking and Entering Occupied Dwelling
(1) The defendant is charged with the crime of breaking and entering an occupied dwelling. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant broke into a building. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.1 Entering a building through an already open door or window without using any force does not count as a breaking.
(3) Second, that the defendant entered the building. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the building after the breaking, that is enough to count as an entry.
(4) Third, that when the defendant broke and entered the building, [he / she] intended2 to commit [state offense].3
(5) Fourth, the building involved must have been occupied as a place to live at the time of the breaking and entering. It does not matter whether the people who lived there were at home at the time.
Use Note
1 Opening further a partly open door or window is enough to establish a breaking. People v Finney, 113 Mich App 638, 318 NW2d 519 (1982).
2 This is a specific intent crime.
3 The elements of the offense intended should be given.
Statutes
MCL 710.110a.
Case Law
People v Hider, 135 Mich App 147, 351 NW2d 905 (1984); People v Noel, 123 Mich App 478, 332 NW2d 578 (1983); People v Finney, 113 Mich App 638, 318 NW2d 519 (1982); People v Winhoven, 65 Mich App 522, 237 NW2d 540 (1975).
NOTE - this crime is a felony punishable by not more than 10 years imprisonment under MCL 750.110(1); this is a class D felony offense under the sentencing guidelines, which are advisory only under People v Lockridge, 498 Mich 358; 870 NW2d 502 (2015)
NOTE- it is the intent of an occupant to return to the building that is being occupied as a place to live following an absence that controls the elements of this crime; accordingly, a building left vacant by the death of its sole occupant and owner is not an occupied dwelling, but a building left vacant for 2 weeks by its owner after the owner suffered a heart attack is still an occupied dwelling for the purpose of this crime. People v Noel, 123 Mich App 478; 332 NW2d 578 (1983).
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321