Anyone charged with burglary—or home invasion according to the Michigan criminal statutes—and its associated crimes may face lengthy terms in state prison. The severity of potential penalties depends on the facts of the case, as well as what the prosecution can prove beyond a reasonable doubt.
If you are facing burglary charges, contacting an experienced theft attorney could be the most important first step to take. A Troy burglary lawyer could help you build a strong defense to fight your charge and pursue a positive outcome to your case.
Burglary and Related Offenses in TroyIn the Michigan Penal Code, burglary is defined as unlawfully entering a structure intending to commit a theft, assault, or any other type of crime. This charge can apply to any entry into an occupied or unoccupied residence, commercial building, vehicle, boat, container, and various other structures with the intent to commit a crime, regardless of whether permission was granted.
In a Troy burglary case, the prosecution is burdened with proving that the defendant broke into a structure, entered that structure, and intended to commit a felony, larceny, or malicious destruction of property while inside. Breaking and entering are treated as associated crimes but can stand on their own.
Breaking can be defined as the use of force to enter a structure or simply removing a screen or pushing open a door that was left ajar while entering only requires a part of the body entering the structure. Removing property from the structure is one way to prove the necessary intent to commit a crime while inside and adds a theft charge to any potential breaking and entering or burglary charges. The value of the stolen property may influence the severity of the potential theft charge.
Punishments for Burglary ChargesFirst-degree home invasion is defined in Michigan as entering an occupied dwelling at night with a dangerous weapon. This offense could be punishable by up to 20 years in a Michigan state prison and accompanied by a $5,000 fine.
The second-degree variant of this crime entails entering an unoccupied structure with or without permission with the intent to commit a felony, larceny, or assault. It is punishable by 15 years in prison and a $3,000 fine.
Finally, third-degree home invasion involves unlawfully entering a structure and committing a misdemeanor offense or intending to do so while inside. In most cases, such an offense could be considered a felony punishable by five years in prison and a $2,000 fine.
Additionally, initial incarceration time can be increased for possessing a loaded or unloaded firearm during the break-in and entry into the structure, two or more prior convictions of burglary, and possessing burgling tools such as a lockpicking kit. The penalties are serious for this type of crime are serious, therefore, it is essential for a defendant to obtain the services of a Troy burglary lawyer.
Potential Defenses for Troy Burglary ChargesIn Troy, a burglary offense could have various valid defenses. In some cases, the defenses that may be available could include:
Other defensive strategies may depend on disputing the testimony of witnesses, arguing for the inadmissibility of evidence-based on procedural or illegally obtained evidence, and errors in the analysis of forensic evidence such as DNA and fingerprints. In all such cases, the assistance of a Troy burglary attorney could be invaluable.
Talk to a Troy Burglary AttorneyIf you were arrested recently for a burglary offense, you may need a skilled and knowledgeable attorney on your side. Making legal decisions that are strategic and effective could significantly increase your chance of succeeding in court.
Operating in such a manner could be difficult without the guidance of a Troy burglary lawyer who is conscious of the various procedures surrounding a home invasion offense. Call today to set up an appointment and start reviewing your case.