Possession of Burglar’s Tools Defense – Michigan Criminal Defense Attorneys
Michigan Burglary – Home Invasion Defense Lawyers
The Kronzek Firm PLC is a group of trial attorneys with extensive experience and success at criminal defense. We practice in the 68 counties of Michigan’s lower peninsula and in all federal courts in Michigan. We have earned an excellent reputation by being aggressive, professional and thorough. If you have a criminal defense need, if you are being investigated by police, or if you are being investigated by CPS, you owe it to yourself to contact us for a free consultation.
About Michigan’s Burglar’s Tools Statute:
Michigan law prohibits the possession of burglar’s tools . Specifically, it prohibits any individual who knowingly has in possession any of the following:
- nitroglycerine, or other explosive;
- thermite (fuel-oxidizers); or
- engine, machine, tool or implement, device, chemical or substance,
that are adapted and designed for burning through or cutting, breaking open or forcing into any room, building, safe, vault or other depository, in order to steal any money or other property, knowing the tools are adapted and designed for that purpose, and with the intent to use the tools for that purpose.
For example , if a person were stopped walking down the street with a hammer, screwdriver and channel pliers hidden in his or her clothing, then it could be inferred that the defendant intended to use the tools for the purpose for which they were adapted (i.e. burglaries). Then the question of whether there was felonious intent could be submitted to a jury to decide.
At trial, for a conviction of possession of burglary tools to result, proof beyond a reasonable doubt is required that (a) the defendant possessed tools adapted and designed for breaking and entering; (b) that defendant had knowledge that the tools were designed and adapted for that purpose; and (c) that the defendant possessed them with the intent to use them for breaking and entering.
A person in possession of burglar’s tools may be charged with a felony with a maximum penalty of 10 years in prison.
How Do I Defend a Burglar’s Tools Charge?
Obviously, just about anything in your possession could be considered a burglar’s tool. Today, you could imagine a cell phone, a computer or a soup spoon being considered a burglar’s tool. The statute is so broad it has almost lost it’s meaning. In our practice, the most common tool involved in this charge has been a screwdriver. So, this charge almost always hinges on the intent of the defendant rather than the instrument itself.
As with all intent related defenses, the best approach is to have the right attorney sitting next to you in court. You want a tough, intelligent, aggressive defense attorney who can handle cross examination well. And, you want to know that your attorney is well prepared. In some cases, you may have to testify. If that happens, you need to be well prepared by your attorney. The process of preparing a client to testify can take many hours, sometime even days.
You should never go to trial with an unprepared or under qualified attorney.
We Serve Clients Statewide
Our lawyers have decades of experience, helping clients avoid prison time and garnering many great results. The Kronzek Firm PLC offers a free consultation at (866) 7-NoJail for those desiring to hire criminal defense. Our attorneys [link to attorneys page] are available by appointment and 24/7 for emergency situations.