750.111, 750.112, 750.115 Breaking, Entering, Burglary with Explosives

In Michigan, it’s illegal to enter private property without consent, and a public property when it’s expressly denied. Entering with intent to steal is also a felony that can be aggravated by using explosives.

750.111 Entering without breaking

In the state of Michigan, any individual who enters a house, hotel, factory, warehouse, railroad car, or other dwelling or structure used or kept for public or private use without breaking into the structure or dwelling with the intent to steal is guilty of entering without breaking, a felony offense.

750.112 Burglary with explosives

Any individual who enters any structure and who uses or attempts to use gunpowder, nitroglycerine, or any high explosive for the purpose of committing a crime in that building/structure is guilty of burglary with explosives, which is a felony offense.

750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied

Breaking and entering or entering a dwelling/structure without breaking are misdemeanor offenses; however, the intent or actions after the individual enters the dwelling determines the sentence the individual will face. Individuals who break and enter or enter without breaking with the intent to steal or commit a felony will face felony charges and applicable criminal penalties.

Punishment:

Entering without breaking is a felony offense, which will result in a maximum of five years in prison and/or fines of up to $2,500 for those convicted.

Burglary with explosives is a felony offense, which will result in a minimum of 15 years in prison and up to 30 years imprisonment for those convicted.

Breaking and entering is a misdemeanor offense punishable by a maximum of one year in a county jail.

Other Consequences:

As with all other criminal offenses, those convicted will have a criminal record which can negatively affect various areas of their lives such as employment, housing, financing, and more. In addition, those charged with a breaking and entering or burglary offense may be subject to enhanced criminal penalties if they have a criminal history.

Related Crimes:

There are two other crimes related to Entering without Breaking, and Breaking and Entering. These include:

  • Breaking and entering; "shipping container" defined
  • Breaking and entering; outside showcase or counter

Experience Handling Property Crimes in Michigan

The attorneys at Grabel & Associates have substantial experience and a positive track record in defending individuals who are alleged to have committed Breaking and Entering. We have achieved successful results for clients charged with Entering without Breaking, Burglary with Explosives, and other relevant crimes, often securing acquittals, dismissal of the charges, and having convictions overturned on appeal.

Defenses for Property Crimes

For any criminal offense including Breaking and Entering, Entering without Breaking, and Burglary with Explosives, there are various defense strategies, which may be effective depending on the circumstances, and the legal approach you and your attorney decide is best for your situation. You may have been wrongly accused of the crime, or it may be a case of mistaken identity. Police investigators may have violated your rights at some point, which could result in charges being dismissed. Those who are found guilty of a crime may desire to seek post-conviction relief or appeal the conviction.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.111 Entering without breaking.

Sec. 111.

Any person who, without breaking, enters any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, shipping container, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.111 ;-- Am. 1964, Act 133, Eff. Aug. 28, 1964 ;-- Am. 2008, Act 10, Eff. June 1, 2008

Former Law: See section 2 of Act 345 of 1925, being CL 1929, § 16949; and Act 13 of 1929.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.112 Burglary with explosives.

Sec. 112.

Burglary with explosives—Any person who enters any building, and for the purpose of committing any crime therein, uses or attempts to use nitro-glycerin, dynamite, gunpowder or any other high explosive, shall be guilty of a felony, punishable by imprisonment in the state prison not less than 15 years nor more than 30 years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.112

Former Law: See section 1 of Act 64 of 1907, being CL 1915, § 15338; and CL 1929, § 16951.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.

Sec. 115.

(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor.

(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of his or her duties as a peace officer.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 74, Eff. Oct. 11, 1947 ;-- CL 1948, 750.115 ;-- Am. 2000, Act 148, Imd. Eff. June 7, 2000

Former Law: See sections 1 and 2 of Act 181 of 1929, being CL 1929, §§ 16957 and 16958.