Burglary is a crime taken seriously in Michigan, and a burglary charge or conviction can have a severe impact on your life. If you are facing charges of burglary, a Birmingham burglary lawyer can assist in efficiently building your defense and provide help for a positive outcome in your case.
Elements of a Burglary ChargeIn Michigan, it is illegal to enter onto private property without an owner’s permission. Burglary will be considered a felony in Michigan and is ordinarily punishable by up to 10 years in prison.
This charge refers to the breaking and entering of any structure with the intent to commit a felony or larceny therein. The word “breaking” does not mean what it sounds like because nothing needs to actually be broken in order for the crime of breaking and entering to occur.
Instead, a person only needs to perform some act to demonstrate their intent, such as removing a screen from a window, or opening a closed door. Entering refers to the entry of any body part, such as a hand, foot, or arm, into the structure. A structure could be a dwelling place or other building, such as a warehouse. A Birmingham burglary lawyer can assist in determining whether these elements of the charge have been fulfilled.
Burden of ProofFor the State to prevail in a burglary case, the prosecutor must prove their case beyond a reasonable doubt, which means a doubt based upon ordinary reason and common sense. In the case of burglary, a prosecutor must prove that the defendant entered the building, with the intent to commit a felony or larceny therein.
Sometimes, the prosecutor may only be able to show that the defendant intended to commit a misdemeanor in the structure. In that case, a defendant could only be convicted of a third-degree home invasion, rather than a burglary. In other cases, a defendant could be convicted of the lesser-included offense of trespassing, which carries a lesser potential sentence than burglary.
Trespassing merely requires that a defendant knowingly enters onto private property without the authority to do so. An experienced Birmingham burglary attorney can help defend against any allegations that are brought forward by the State.
Working with a LawyerIf you have been charged with burglary or some other related offense, it is essential that you not speak with the police or agree to an interview until after you have contacted a Birmingham burglary lawyer. Police officers are trained to be intimidating and coercive. Consequently, anything you say can be used against you in a court of law. You should never agree to speak with a police officer or offer any information until after speaking with an experienced defense attorney.
If you have been charged with burglary, it is essential that you have legal representation at every stage of your case. There are various legal defenses that are available to combat burglary charges and related offenses. An experienced Birmingham burglary attorney will be able to examine all the facts and circumstances of your case and assist you with having your charges dropped, obtaining a favorable plea deal from the state’s attorney, avoiding penalties, and otherwise minimizing the effects of your criminal charge.