If you have been charged with burglary or robbery in Ann Arbor, you are facing a serious felony. These are not minor offenses. A conviction can mean years in state prison, heavy fines, restitution payments, and a permanent criminal record that follows you for the rest of your life. Getting a lawyer involved early in the process can make a real difference in how your case unfolds.
Geherin Law Group, PLLC is a criminal defense law firm based in Ann Arbor. Attorney Dan Geherin is certified by the National Board of Trial Advocacy and a former prosecutor with over 30 years of experience practicing law. He takes on tough felony cases like burglary and robbery. He knows these courts, prosecutors, and how cases like yours are typically handled in this Washtenaw County.
Many people use these two words as if they mean the same thing. They do not. Understanding the difference matters because the charges carry different elements, different penalties, and different defense strategies.
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. The key word is intent. The prosecution must prove that you planned to commit a crime at the time you entered, not after. If the intent to commit a crime was formed after entry, there may not be grounds for a burglary conviction, since the intent to commit a crime was not present at the time of entry.
If the breaking occurs in a residence, the offense is known as “home invasion.”
Home invasion charges typically apply when the alleged entry involves a dwelling, while breaking and entering charges more often apply to other buildings or structures.
To convict someone of burglary or breaking and entering in Michigan, the prosecution generally must prove:
Robbery is a theft crime that occurs when a person uses force or the threat of force to permanently deprive another person of their property. Unlike burglary, robbery involves a direct confrontation with a victim. The property is taken from a person, not from a building while no one is present.
Armed robbery occurs when a person commits a robbery while possessing a weapon or causing the victim to believe they are armed with a weapon.
To prove robbery, the prosecution must generally establish:
Burglary and robbery differ fundamentally in their basic structure. The presence of the victim and the method of taking property determines which charge applies. Burglary is about unlawful entry with criminal intent. Robbery is about taking property from a person through force or fear. You can be charged with both in connection with the same incident, for example, if you enter a home and then confront someone inside.
Both burglary and robbery are felonies in Michigan. The potential consequences go well beyond prison time.
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.
Michigan law distinguishes between degrees of home invasion. First-degree 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. This felony carries a penalty of up to 20 years in prison and/or a fine of up to $5,000.
Second-degree home invasion means that the crime took place in an unoccupied building, but the accused intended to commit a felony crime while inside. The maximum penalty for this charge is 15 years in prison and/or significant fines.
Entering without breaking is a felony offense that can result in a maximum of five years in prison and/or fines of up to $2,500 for those convicted.
Robbery and armed robbery are both felony charges. Felony robbery is punishable by up to 15 years in prison.
Armed robbery carries some of the harshest penalties in Michigan’s criminal code, with potential life imprisonment or any term of years.
Prison time is not the only consequence. When facing a burglary charge in Michigan, you not only face potential prison time and steep monetary fines, but you may also be required to pay restitution to any injured parties or to their insurance company.
After completing all parts of your sentencing, you may then face further issues obtaining employment or housing because of the conviction on your record.
Penalties in Michigan vary significantly depending on whether the case is charged as home invasion, breaking and entering, or robbery, as well as the surrounding facts. Factors like whether the building was occupied, whether weapons were involved, and the defendant’s criminal history all influence sentencing.
Actually, prior convictions can compound the situation significantly. If you have prior criminal convictions, you may be labeled as a “habitual offender” and subject to even more severe penalties. Each prior felony conviction can lead to a new habitual offender charge, and the sentencing for a habitual offender can quickly become complicated.
After an arrest by the Ann Arbor Police Department or the Washtenaw County Sheriff’s Office, your case will typically begin in the 15th Judicial District Court, located in the Ann Arbor Justice Center. The Traffic/Criminal Division of the 15th District Court maintains the records for all traffic and criminal misdemeanors, civil infractions, ordinance violations, and related matters. Felony charges, however, move to the 22nd Circuit Court at the Washtenaw County Trial Court on East Huron Street after a preliminary examination.
That preliminary exam is an important stage. The judge reviews whether there is probable cause to believe a crime was committed and that you committed it. This is an opportunity to challenge the evidence before the case moves to circuit court. Missing this stage without a lawyer who understands what to look for can cost you options down the road.
Do not speak to law enforcement without an attorney present. Anything you say during questioning can be used against you in court. This applies whether you are being questioned at the scene, at the Ann Arbor Police Department, or at any point during the investigation.
A charge is not a conviction. The prosecution carries the burden of proving every element of the offense beyond a reasonable doubt. If any element cannot be proven, the case may fall apart. Our defense attorneys look at every piece of evidence, every witness statement, and every procedural step to find where the prosecution’s case is weak.
Understanding the nature of the charge is essential because each offense comes with unique elements the prosecution must prove beyond a reasonable doubt. Knowing how to challenge those elements and present mitigating factors is a key part of any defense strategy.
Burglary and robbery cases often involve physical evidence, surveillance footage, witness testimony, and sometimes co-defendants. These cases require careful investigation from the start. Evidence can be lost or become harder to challenge the longer you wait. Witnesses’ memories fade. Security footage gets deleted.
Attorney Dan Geherin is certified by the National Board of Trial Advocacy and a former prosecutor with over 30 years of experience practicing law.
In California, he served as a Los Angeles County Deputy District Attorney, prosecuting gang offenses, sexual assaults, major narcotics violations, and complex white collar criminal offenses. That background gives him a clear view of how prosecutors build these cases, and he uses that knowledge on behalf of his clients. Only 5% of attorneys nationwide receive board-certification from the National Board of Trial Advocacy, and Dan is one of only a handful of attorneys in the State of Michigan to hold that distinction.
He has completed over 300 trials and argued before the Michigan Court of Appeals. That depth of trial experience matters when your case may need to go before a jury in Washtenaw County.
Before founding Geherin Law Group, PLLC, Dan served as a prosecutor, which gave him insight into how the state builds its cases. Today, he uses that knowledge to dismantle weak evidence and expose flaws in prosecutors’ arguments.
Our law firm also handles related criminal defense matters including assault charges, theft crimes, drug charges, domestic violence, OWI/DUI, and other felony and misdemeanor offenses throughout Washtenaw County and Southeast Michigan. If your burglary or robbery charge involves related offenses, we can address all of them together.
A burglary or robbery charge in Ann Arbor is a serious matter that deserves serious attention. The Washtenaw County Prosecutor’s Office does not take these charges lightly, and neither should you. The decisions you make in the early stages of your case, including who you hire and what you say, can shape everything that follows.
Geherin Law Group, PLLC represents clients charged with burglary, home invasion, robbery, armed robbery, and related offenses throughout Ann Arbor, Washtenaw County, and the surrounding Southeast Michigan region. Contact our law office to schedule a confidential consultation and talk through your situation with an attorney who knows these courts and these charges.
