Under Michigan law, burglary is known as “breaking and entering,” meaning entering or remaining in a building with the intent to commit a crime inside. If the breaking occurs in a residence, the offense is known as “home invasion.” Because the law recognizes the right to be safe in our homes and businesses, breaking and entering and home invasion charges are vigorously pursued by police agencies and prosecutors.
Depending on the circumstances, breaking and entering can be charged as a felony or misdemeanor, with potentially serious penalties including jail or prison time, heavy fines, restitution, probation, and a permanent criminal record. Aggravating factors—such as breaking into a residence, using force, or having prior criminal convictions—can elevate the seriousness of the charge. Even a first-time offender may face incarceration without proper legal guidance.
Regardless of what type of breaking and entering charge you are facing, having a quality criminal defense law firm can mean the difference between freedom and prison, jail or probation. At Geherin Law Group, our criminal defense attorneys in Ann Arbor have a strong reputation for success in Washtenaw County and throughout Southeast Michigan. We are committed to helping every client pursue the best options possible to minimizing the consequences associated with these situations. To learn more about our firm and our representation during a free consultation, please contact us today.
Michigan law distinguishes between three degrees of home invasion:
Involves breaking into a dwelling with intent to commit a felony, larceny, or assault while either armed with a deadly weapon or when another person is lawfully present in the dwelling. This felony carries a penalty of up to 20 years in prison and/or a fine of up to $5,000.
Is similar but doesn’t involve a weapon or another person inside. This offense can result in up to 15 years in prison and/or a $3,000 fine.
Usually involves entering with intent to commit a misdemeanor or a probation/parole violation. Penalties may include up to 5 years in prison and/or a $2,000 fine.
Understanding the degree of home invasion or breaking and entering charge you’re facing is critical to developing a proper legal defense strategy.
A person charged with a crime should never just walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Once you have retained us, GLG will immediately demand the police reports, and all video and audio recordings related to the charges.
Our lawyers engage in thorough and accurate discovery in every case involving defense of breaking and entering charges, whether it involves commercial or residential buildings and whether you are accused of acting alone or with others. Only when fully informed, having reviewed all the evidence and assessing what can be challenged, we will we begin to advise you on the best course of action.
Only when fully informed, having reviewed all the evidence and assessing what can be challenged, will we begin to advise you on the best course of action. Our advice is always tailored to the unique facts of your case, your goals, and your long-term interests.
You may have defenses available to you that other lawyers have not thought of or presented to you. Not all cases are completely defendable, but all situations are explainable: we will help structure a case that clearly explains your situation, including if police procedures were violated in handling your case or there were other extenuating circumstances that led you to be in the building at the wrong time.
For example, we may demonstrate that you had consent to enter the property, or that there was a misunderstanding about your intent. Even in situations where guilt seems clear-cut, we explore all mitigating factors that can reduce charges or minimize penalties.
You should know all of your options before making a decision that will affect the rest of your life. We can help you make those choices by providing all of the relevant information to you in a clear and direct manner.
We empower our clients with knowledge and a strategic plan so they can make decisions confidently and with peace of mind.
Even beyond the criminal penalties imposed by the court, a conviction for breaking and entering can have long-lasting consequences. These may include:
Many employers conduct background checks and may hesitate to hire someone with a felony conviction, especially one involving dishonesty or unlawful entry.
A conviction may limit your ability to rent or live in certain communities.
Individuals in healthcare, law, teaching, or finance may face disqualification.
A felony conviction typically results in the loss of the right to possess or purchase firearms.
Non-citizens may face deportation or be denied re-entry based on a criminal record.
Because of these long-term impacts, the need for a proactive, strategic defense cannot be overstated.
Under Michigan law, “breaking and entering” refers to unlawfully entering a building with the intent to commit a crime inside. “Home invasion” is a more serious offense that involves entering someone’s dwelling—typically a residence—and may include being armed or encountering people inside. Home invasion is charged in degrees, with First Degree Home Invasion carrying the most severe penalties, including up to 20 years in prison.
Yes. The key element in a breaking and entering charge is the intent to commit a crime inside the building—not whether a crime was successfully carried out. If prosecutors can show that you entered or remained unlawfully with the intention of committing theft or another offense, you can still face criminal charges, even if nothing was taken or damaged.
It depends on the specifics of your case. While first-time offenders may be eligible for probation, diversion programs, or reduced charges, jail or prison time is still possible—especially if aggravating factors are present. Our goal at GLG is to explore every legal avenue to protect your record, your freedom, and your future.
We know that each case presents its own set of facts, people, and potential outcomes. Our attorneys have decades of combined experience in criminal law, including as former prosecutors, which gives us insight into how the other side thinks and operates.
We’ve successfully handled complex B&E and home invasion cases and understand how to scrutinize every piece of evidence, question every witness, and push back against overzealous prosecution.
Our track record includes not just favorable verdicts and dismissals, but also strategic plea bargains that protect our clients’ futures. Whether negotiating with prosecutors or presenting a compelling case in court, we are prepared to fight for you every step of the way.
