The Criminal Defense Law Center of
West Michigan
Charges of theft and burglary are aggressively prosecuted crimes in Michigan. The severity of the punishment is tough according to Michigan law. A defendant is guilty of theft or burglary if he or she:
A defendant does not have to use force to enter into a building in order to be charged with burglary. The law does not demand that forced entry be proven in order to convict someone of burglary. If you walk into a garage that has an open door and take the car out for a drive, even if you return the car, you can be charged with burglary.
Charged with Burglary? Why You are Likely Facing a Home Invasion Felony.
“In Michigan, the term ‘Burglary’ is rarely used in court. Instead, the prosecution will charge you under the Home Invasion statutes (MCL 750.110a). This is a critical distinction because Home Invasion carries some of the harshest penalties in the Michigan Penal Code.
1st Degree Home Invasion: A 20-year felony. This is charged if you were armed or if someone was lawfully present in the home.
2nd Degree Home Invasion: A 15-year felony. This involves breaking and entering with the intent to commit a felony, larceny, or assault.
3rd Degree Home Invasion: A 5-year felony. Often involves a violation of a PPO or a bond condition.
The Shawn Haff Advantage: We don’t just defend ‘burglary.’ We dismantle the specific elements of Michigan’s Home Invasion laws. If the prosecution cannot prove you had ‘intent’ at the moment of entry, the felony case can fall apart.”
“A burglary or home invasion arrest in Grand Rapids means your case will start at the 61st District Court for arraignment and a preliminary examination. If the judge finds probable cause, your case is ‘bound over’ to the 17th Circuit Court (Kent County Circuit Court).
Shawn Haff has spent decades in these courtrooms. He knows how the Kent County Prosecutor’s Office builds these cases—often relying on circumstantial evidence like ‘possession of stolen goods’ to prove a ‘breaking and entering.’ We aggressively challenge the chain of evidence and the legality of any searches conducted by the Grand Rapids Police or the Kent County Sheriff.”
“To convict you of Home Invasion or B&E (Breaking and Entering), the prosecutor must prove there was an actual ‘breaking.’ In 2026, we see many cases where:
Permission Existed: You had a legal right or implied permission to be there (common in domestic disputes).
No Breaking Occurred: Walking through an already open door is NOT ‘breaking’ under certain Michigan standards, which could reduce a felony to a simple misdemeanor like Illegal Entry.
Mistaken Identity: With the rise of Ring cameras and AI-surveillance in Grand Rapids, ‘digital identification’ is often flawed. We use forensic experts to challenge grainy footage and biased eyewitness accounts.”
Is Burglary a felony in Michigan? Yes. Breaking and entering a building with intent is a 10-year felony, while Home Invasion can carry up to 20 years in prison.
Can a Home Invasion charge be reduced? Absolutely. Shawn Haff frequently negotiates these down to “Entering Without Owner’s Permission” (a misdemeanor) or “Larceny in a Building,” significantly reducing jail time and protecting your record.
What should I do if the police want to search my home for ‘stolen property’? Do not consent. Demand to see a warrant and call Shawn Haff at 616-438-6719 immediately. Consenting to a search is the #1 mistake people make in burglary investigations.
Whether you are being investigated for a commercial breaking and entering or a high-stakes residential home invasion, the consequences in the 17th Circuit Court are severe and permanent. Because the prosecution often tries to “overcharge” these incidents to force a plea, you cannot afford to walk into court with a lawyer who is just learning the ropes. You must hire the best West Michigan attorney around Shawn Haff right away. At the Criminal Defense Law Center of West Michigan, we move with a professional sense of urgency to challenge the “intent” elements of your case and suppress evidence obtained through illegal searches. Do not let a felony charge destroy your future—hire the premier defense powerhouse in West Michigan today.
If you are facing any of these serious criminal charges, you need to call Shawn today at The Criminal Defense Law Center of West Michigan at 616-438-6719. Shawn knows how to get you results in tough situations. You could be facing up to 20 years in prison! Don’t wait! Call Shawn today.
Until you call Shawn, remember that you should exercise your right to remain silent.
Do not talk to or give a statement to the police without first talking to a lawyer. The police are highly trained professionals They are gathering information to charge you with a crime. There are a lot of people who have talked themselves into a charge, even though they may be innocent. Call Shawn today if you are facing criminal charges. The call is always free.
Buglary and Theft are crimes where the maximum incarceration period of varies from state to state. In the state of Michigan, a person commits burglary/or theft if they:
The entry requirement for a burglary does include the use of force. Trespassing through an open door is enough to constitute a burglary. A classic example of this would be walking into someone’s boathouse and then taking the boat out on the lake. This would be burglary, even if you returned the boat in perfect condition back to the boathouse.
If you are facing burglary criminal charges, you need to retain Attorney Shawn Haff right now! These charges are typically felonies under Michigan law and Grand Rapids, Judges and Prosecutors take these charges very seriously. A trespassing charge in Michigan is a misdemeanor. Prison time for Burglary ranges from two to twenty years.
If you are arrested for a Burglary or receiving stolen property, remember to do the following:
If you have been charged with a theft, receiving and concealing stole property or a burglary offense or someone you know or love has been arrested for these receiving and concealing stolen property, theft or burglary call Shawn now at 616-438-6719. The call is free! Shawn is one of the best Grand Rapids, Michigan Burglary attorneys around!