Kalamazoo Breaking and Entering: What You Need to Know
Breaking and entering is a serious crime that can carry severe penalties here in Kalamazoo. As a defense attorney, I’ve seen many good folks get tangled up in B&E charges that end up turning their lives upside down. My goal with this article is to break down the common legal issues around breaking and entering so you understand your rights and options if you ever find yourself in this unfortunate situation.
What Constitutes Breaking and Entering in Kalamazoo?
Under Michigan law, breaking and entering (also called home invasion) is defined as illegally entering any dwelling with intent to commit a crime inside. To secure a conviction, prosecutors must prove these key elements:
- Unlawful entry: The perpetrator entered a structure like a home, business, or vehicle without permission. This includes breaking in through a window or kicking down a door. But even entering through an unlocked door can count if permission wasn’t explicitly given.
- Dwelling: The structure entered has to be used as living quarters, even part-time. So a home, apartment, hotel room, or dorm room all apply.
- Intent to commit a crime: The perpetrator must have intended to commit a crime once inside the dwelling. Whether they succeeded doesn’t matter as long as intent can be proven.
Breaking and entering charges can be either misdemeanors or felonies depending on circumstances like:
- Occupancy: Was the dwelling occupied at the time of entry? If so, penalties escalate.
- Damage caused: Did the perpetrator vandalize or steal property? Extensive damage or theft over $1,000 often leads to felony charges.
- Weapons involved: Carrying or using a dangerous weapon during the crime results in harsher punishment.
- Repeat offenses: Those with related priors face elevated charges.
What are Common Breaking and Entering Defenses?
Fighting B&E charges starts with examining potential defenses that could defeat the prosecution’s case. Here are some of the most effective legal defenses I use in Kalamazoo breaking and entering cases:
You Had Permission to Enter
If the occupant gave you permission to enter the dwelling, then by definition it wasn’t an illegal entry. For instance, a roommate letting you in through a window when you lost your keys. Permission doesn’t always have to be direct, either. If you had a reasonable belief you could enter lawfully, that could suffice.
You Didn’t Intend to Commit a Crime
Recall that breaking and entering requires prosecutors to establish you intended to commit a separate criminal offense upon entering. If you merely entered accidentally or on a whim without any plan to steal, vandalize, etc., then you have a strong defense against the charges.
You Were Forced to Enter Against Your Will
An affirmative defense like duress may defeat breaking and entering charges if you can show you only entered the dwelling because someone threatened you with violence if you refused. While rare, this situation does come up in domestic abuse cases.
Misidentification
Eyewitness misidentification is a leading cause of wrongful convictions. If the prosecution’s only evidence placing you at the scene is shaky eyewitness testimony, highlighting flaws in those accounts can undermine the entire case.
What are the Penalties for Breaking and Entering in Kalamazoo?
The punishments for breaking and entering vary widely based on the nature of the crime and the defendant’s criminal history. Under Michigan law, potential penalties include:
Misdemeanor Breaking and Entering
- Up to 1 year in jail
- Fines up to $2,000
Second-Degree Home Invasion (Occupied Dwelling)
- Up to 15 years in prison
- Fines up to $3,000
First-Degree Home Invasion (Occupied and Weapon Involved)
- Up to 20 years in prison
- Fines up to $5,000
Judges can also impose restitution fines to cover damages and property loss stemming from the crime. And related misdemeanors like vandalism or larceny may tack on additional fines and jail time.
What Should I Do if Facing Charges?
Here’s my advice if you or a loved one gets arrested for breaking and entering in Kalamazoo County:
Get an attorney! An experienced criminal defense lawyer can evaluate the evidence, identify defenses, negotiate with prosecutors, and defend your rights at every stage. Don’t wait as time is critical early on.
Say nothing to police. Per the 5th Amendment, you have the right to remain silent when questioned about alleged crimes. Talking to police can only hurt your case, so avoid interviews without your lawyer present.
Check bond conditions. If released pre-trial, understand all your bond terms. Look out for common conditions like:
- Avoiding contact with co-defendants
- Obeying travel restrictions
- Submitting to drug/alcohol testing
- Avoiding arrest for new crimes
Violating any conditions means potential bond revocation and jail detention as you await trial.
Build your legal strategy. Work closely with your attorney to construct a defense highlighting holes in the prosecutor’s account. Gather exonerating evidence like security footage, receipts proving you were elsewhere at the time, or witness statements rebutting accusations.
Explore diversion programs. First-time offenders may qualify for pretrial diversion including mental health court, drug court, or deferred sentencing agreements. These voluntary programs can lead to dismissed charges after completing rehabilitation steps.
Don’t lose hope! Even for serious felonies, experienced criminal lawyers can negotiate reduced charges, alternate sentencing arrangements, or even outright dismissals by capitalizing on procedural mistakes, constitutional issues, or evidentiary problems.
I hope this overview gives you a better handle on breaking and entering laws and defenses in Kalamazoo. As a local defense attorney, I’ve seen many inaccuracies and misconceptions around B&E cases that often trip up the accused. If you have any other questions or face charges yourself, don’t hesitate to reach out to me or another knowledgable lawyer for trusted advice!