Welcome back and thanks for joining us here at The Kronzek Firm. We’ve been discussing the sometimes confusing topic of Breaking & Entering (called B&Es here in Michigan), Home Invasion, and Burglary. As we mentioned in the previous article, all three of those rimes are actually different charges under Michigan law. So being charged with Breaking and Entering doesn’t mean you’re being accused of stealing something. Then again, as we pointed out last time as well – you don’t have to actually steal anything to be accused of Burglary, because the law takes into account your intentions. All you had to do was plan to steal something, or intend to steal something for the prosecutor to charge you with Burglary. But what about Robbery? No matter if you’re from Owosso, Flint, or Saginaw, robbery is a big deal!
Is Robbery the same as Burglary in Michigan?
No, it’s not. It’s easy to see why people get this confused, because the term ‘robbery’ is often used to imply that something has been stolen. But under Michigan law, if a prosecutor charges you with Robbery, it’s because they believe you’re guilty of stealing (or trying to steal) someone else’s property from that person. While burglary means stealing from a place ( or intending to steal from a place), robbery means stealing directly from a person. So in order for that charge to stick, the prosecutor has to prove the following three things beyond a reasonable doubt in court:
- First, that you used force or violence against a particular person, or frightened them into believing you would use force or violence against them
- Second, that you did that while committing larceny. Larceny mean the taking or moving of someone else’s property without their permission, and with the intention of taking it away from them permanently.
- And finally, that the alleged victim was actually physically present at the time
What about Home Invasion? How is that different from a B&E?
Yes, we know – it gets pretty confusing sometimes. All these different terms that all seem to mean similar things. But we promise – stick around and it’ll all make sense! Here in Michigan, Home Invasion (which is a felony whether you live in Midland, Jackson, or Howell) is divided into three different categories – first through third degree. Remember, in order to be charged with Home Invasion, you first have to have committed a B&E. But once inside the building, what you do there will determine which degree of home invasion charge you end up facing:
- First Degree Home Invasion: This is where the prosecutor tries to prove that after you entered a building, you either committed larceny (or intended to), and that you either had a weapon with you at the time, or there was someone else in the home at the time.
- Second Degree Home Invasion: This is where the prosecutor will try to prove that after you committed the B&E, you then also committed larceny, or an assault, or some other felony (or at least planned to.)
- Third Degree Home Invasion: And finally, this is where the prosecutor tries to prove to the court that you did (or intended to) commit a misdemeanor. Plus one other thing – while there you violated a specific court order, including parole or probation, a personal protection order meant to keep someone else safe, or the conditions of a bond or bail agreement.
Home Invasion, Burglary, Robbery and B&E’s are all major crimes in Michigan!
These are no jokes folks! Being charges with any kind of charge to do with forcing your way into a building, and then stealing (or intending to steal) property that doesn’t belong to you are all a big deal here in Michigan. Whether it’s First Degree Home Invasion in Lansing, Robbery in Detroit, or a B&E in Kalamazoo, you need to take those allegations seriously. And the sooner you get a highly skilled and aggressive criminal defense team on your side, protecting your rights and ensuring you the best defense possible, the better. So shut up and lawyer up. In other words – call The Kronzek Firm immediately at 866 766 5245. We’re available 24 hours a day, 7 days a week to help.