750.116; Possession of Burglar’s Tools
Possession of burglar's tools is a felony crime in the state of Michigan. An individual may be found guilty of this criminal offense only when the prosecutor can prove all elements of the crime beyond a reasonable doubt, which include:
1) The instruments involved in the incident were in fact burglary tools, which is essentially and instrument which is designed or adapted to be used for the purpose of breaking and entering. These tools may include chemical explosives, cutting tools, or other implements/explosive materials. "Adapted and designed" in this case means that the tools are intentionally designed or planned to be used for the specific purpose of breaking and entering.
2) The accused individual was in the possession of burglary tools knowingly.
3) The defendant intended to use the burglary tools to break and enter a garage, shed, building, office, or other structure when he/she was in possession of the tools.
Individuals are prohibited from possessing any tools that are designed or adapted specifically for the purpose of forcing into a safe, building, room, vault, or other area for the purpose of stealing property or money.
Punishment for Possession of Burglar’s Tools in Michigan
Any individual who is convicted of possession of burglar's tools (a felony offense) will face up to 10 years in prison.
Regardless of the criminal offense, those convicted of a crime will have a criminal record. A criminal conviction for possession of burglar's tools or any offense will result in a criminal record, which will impact the defendant's career, future employment opportunities, housing, and more.
There are numerous crimes related to possession of burglar's tools, which include:
- Burglary with explosives
- Breaking and entering with intent to commit felony or larceny
- Home invasion
Experience and Success Defending the Accused of Unlawful Possession
The staff of criminal defense attorneys at Grabel & Associates has extensive experience defending individuals accused of burglary tools possession, including Home Invasion and other theft-related crimes. Our criminal defense law firm has proven successful in defending clients accused of a variety of theft/breaking and entering offenses, often obtaining acquittals, having charges dismissed, or having convictions overturned on appeal.
Defenses to Possession of Burglary Tools
It is fairly clear that practically any item in an individual's possession may be considered a tool used for the purpose of burglary. Considering today's technological advances, a computer or cell phone could be construed as a burglar's tools in the right situation. Ultimately, the best defense is to have a skilled and aggressive attorney who will vigorously fight on your behalf in court. There are numerous defense tactics, which may be effective in successfully defending individuals, accused of possession of burglary tools. Individuals who have been found guilty may desire to seek post-conviction relief, or appeal a conviction.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Possession of burglar's tools—Any person who shall knowingly have in his possession any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom any money or other property, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ the same for the purpose aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.
History: 1931, Act 328, Eff. Sept. 18, 1931; -- CL 1948, 750.116
Former Law: See section 53 of Ch. 154 of R.S. 1846, being CL 1871, § 7604; How., § 9175; CL 1897, § 11589; CL 1915, § 15334; CL 1929, § 16930; and Act 116 of 1867.