If you’re facing breaking and entering charges, you’re likely feeling overwhelmed and unsure what to do next. The legal system can be intimidating, but understanding the elements of the charge against you is crucial to building a strong defense.
In this blog, we’ll break down the three key elements of breaking and entering. After reading, you can better understand the charges against you and take the first steps toward defending yourself.
The elements that prosecutors must prove
In Michigan, breaking and entering is a serious offense with severe consequences. To get a conviction, the prosecutor must prove the elements below:
- To be convicted of breaking and entering, the prosecution must prove that you broke into a building. It’s not just about smashing a window or kicking down a door. Even opening a door or a window or taking off a screen can be considered breaking in. However, a defendant may argue they did not break in if they walked in an already open door or window.
- The second element of breaking and entering is actually entering the building. You don’t have to have your entire body inside the building for it to count as an entry. If you stuck your head or arm inside, that’s enough.
- The final element is that you intended to commit an offense when you broke into the building. This means that the prosecution has to prove that you didn’t just accidentally wander into the building or enter it for a legitimate reason. They must show that you have a specific goal, like stealing something or causing damage.
To convict you of breaking and entering, the prosecution must prove that you satisfied all the elements. Think of it as a checklist that they must mark off to build a successful case against you.
Taking control of your defense
With a better understanding of the elements of breaking and entering, you can now begin to construct a robust defense. It is advisable to consult with experienced defense attorneys who can assist you in devising a strategic approach. With their help, you may gain valuable insight into the optimal course of action to pursue in your case.