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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.

Other Consequences

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.

Related Crimes:

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.

Act 328 of 1931

750.116 Burglar's tools; possession.

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.

Client Reviews

If you are reading these reviews you are about to make a decision that will have a large impact on the rest of your life. I choose Grabel and Associates to represent me in my case and I could not have been more satisfied with the level of professionalism and dedication to their clients. I had the opportunity to meet and work with multiple lawyers in the practice all of which showcased a vast knowledge and understanding of the inner workings of the legal system. When you choose Scott Grabel to represent you will open yourself up to all of his resources. Depending on your case Grabel knows experts in all fields. I worked with polygraph examiners, investigators, and forensics experts. Grabel and Associates will defend without prejudice of innocence or guilt. Scott Grabel was able to lead me through every step of the process with great communication the whole way. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. B. A.
Best attorney in state of Michigan. Caring and a true friend. Scott was with us every step of the way. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. L. A.
Scott and his firm did an awesome job representing a family member of mine, I would highly recommend him and his firm! They were extremely reliable, trustworthy and very informative and did a great job with the case. I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. If you are thinking about using his firm, I would highly recommend, I would definitely use his firm again if needed, he is an a great attorney with a great firm, you won't be disappointed! M. F.