The Criminal Defense Law Center of
West Michigan
Under Michigan law codified at (MCL 750.115) it is illegal for anyone to break into and enter a store, house or other building when the person does not have permission to do so from the owner. If a person enters or breaks into a structure and again does not have permission from the owner to do so and has the intent of committing a felony offense or larceny in the structure, that person can be charged with the more serious charge of burglary. Breaking and entering is a crime that is often tied to other types of offenses such as having burglar’s tools and home invasion. The last to charges are both felonies.
Anyone who has been charged with breaking and entering needs to hire a skillful criminal defense lawyer to help them get the best results possible.
Facing Breaking and Entering Charges in Grand Rapids? Know the Stakes.
“In Michigan, many people use the term ‘Breaking and Entering’ (B&E) to describe any unauthorized entry. However, the law makes a sharp distinction between a building (like a garage or shop) and a home.
Breaking and Entering (MCL 750.110): This typically refers to entering a structure other than a dwelling (e.g., a shed, business, or barn) with intent to commit a felony or larceny. It is a 10-year felony.
Home Invasion (MCL 750.110a): If the structure is a dwelling (where someone lives), you face Home Invasion charges, which can carry up to 20 years in prison.
The Shawn Haff Advantage: We specialize in ‘Charge Reduction.’ If the prosecution overcharges a B&E as a Home Invasion, we fight to get those charges lowered or dismissed by proving the structure was not a dwelling or that ‘intent’ was missing at the time of entry.”
“Whether you were arrested by the Grand Rapids Police Department (GRPD) or the Kent County Sheriff, your B&E case will likely begin at the 61st District Court or 63rd District Court. Shawn Haff is a veteran of the 17th Circuit Court, where these high-stakes felonies are litigated. We don’t just wait for a trial; we are at the courthouse early, challenging the ‘probable cause’ and the legality of any searches conducted on your property.”
Why ‘Entering’ is Not Always ‘Breaking’
The “Open Door” Defense: In Michigan, “breaking” can be as simple as pushing open a cracked door. However, if you had a claim of right or implied permission to enter (common in landlord-tenant or domestic disputes), the criminal intent disappears.
Larceny vs. Illegal Entry: Often, a felony B&E can be reduced to a misdemeanor Illegal Entry (Entering Without Owner’s Permission) if the prosecution cannot prove you intended to steal something. Shawn Haff knows how to find these evidentiary gaps.
Surveillance Forensics: Grand Rapids is blanketed in Ring cameras and AI-security. We use forensic experts to challenge “grainy” footage that often results in misidentification.
Is Breaking and Entering always a felony? Not necessarily. If you entered a building but did not intend to commit a crime inside, it may be reduced to a misdemeanor.
Can I be charged with B&E if I didn’t steal anything? Yes. The statute only requires the intent to commit a crime. This is where an aggressive attorney like Shawn Haff is vital—we fight to prove your intent was misunderstood.
What should I do if a detective calls me about a ‘B&E investigation’? Call Shawn Haff at 616-438-6719 immediately. Do not give a statement. In B&E cases, people often accidentally “confess” to intent while trying to explain why they were there.
A prosecutor typically has to prove the following elements in order to get a conviction for breaking and entering. A person charged with this crime does not have to actually break into the home in order to be charged with this offense. The prosecution does have to prove the following:
MCL 750.115 does not apply to a situation where a person is entering, without breaking into a building open to the public. It would apply to a person who entered into a building if they had been told they were not welcome into the building. A person who is convicted of breaking and entering without any other criminal charges is guilty of a misdemeanor.
A West Michigan prosecutor will only have to prove to a jury beyond a reasonable doubt that the person charged entered into the building without permission. So, if the defendant changes their mind and does not enter the building there is a good chance, they are not guilty of the offense. A person’s whole body does not need to be inside a structure in order to be charged with breaking and entering. For example, a person who breaks a window and has the intent to enter the building can be charged with this crime if only their hand goes through the window.
In the eyes of a West Michigan prosecutor, even the slightest “breaking”—such as pushing open a partially cracked window—is enough to trigger a felony charge that carries up to 10 years in prison. Because the government only needs to prove “intent” to secure a conviction, you cannot afford to wait and see if they play fair. You must hire the best West Michigan attorney around Shawn Haff right away. Our team moves with a professional sense of urgency to attack the prosecution’s evidence, from challenging the legality of your arrest to proving a lack of criminal intent. Do not let a single mistake or a misunderstanding lead to a permanent felony record; hire the premier defense powerhouse in West Michigan today.
In order to be found guilty beyond a reasonable doubt for this crime, the prosecutor must prove that the accused entered into a structure without permission for the owner or occupant. So, structures are covered under this law? Any dwelling.
This needs to be made crystal clear: A structure does not have to be occupied at the time a person breaks and enters in order to trigger criminal culpability.
Attorney Shawn James Haff and his fellow lawyers at The Criminal Defense Law Center of West Michigan know that when you are facing criminal charges in Michigan, either a felony or misdemeanor, you need to hire a lawyer that knows how to get their clients outstanding results! A criminal conviction for breaking and entering will be looked at in a very negative light if you are looking for work. Shawn knows how to get his clients diversion programs that give people a chance to keep a criminal conviction off his clients’ record.
While a lot of breaking and entering charges deal with someone breaking a window or a door, there are other charges of breaking and entering that are not so obvious to the general public. There are some people who think they have permission to enter a person’s house. However, the homeowner says you do not and then suddenly a person is facing home invasion or a breaking and entering charge. A typical example of this happening is where a person is invited to a house for a party and then gets into a fight. Suddenly, the homeowner says you weren’t invited to the home.
Another instance of a person getting hit with a home invasion charge or breaking and entering charge and not expecting it is when they accidentally enter into the wrong building. Typically, these people are drunk or under the influence of drugs.
Every single one of these cases is unique. Shawn and his fellow lawyers will help you understand the issues surrounding your criminal charges. We will guide you through the process and let you know what to expect every single step of the way. We will help you alleviate all of the stress and anxiety you are facing from this serious criminal charge. Call Shawn now at 616-438-6719 to get a free case evaluation! The call is totally free, so you have absolutely nothing to lose! Do not wait to call. Waiting can only hurt your case and get you into more trouble. Call now!