Charged with breaking and entering or home invasion in Kent County? Start with the degree of the charge and what the prosecutor can prove about intent
A breaking and entering or home invasion charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County is a felony in most cases, and the charge depends on where the person went and why. Entering a home falls under the home invasion statute, MCL 750.110a, which has three degrees and a maximum of 20 years. Breaking into a building that is not a home, such as a store, shop, office or warehouse, is breaking and entering under MCL 750.110(1), with a maximum of 10 years. Entering without breaking anything, with intent to steal or commit a felony, can be charged under MCL 750.111. Entering without permission and without any intent to steal or commit another crime is a misdemeanor under MCL 750.115(1). Many of these cases come down to a few questions. Was the person inside at all? Did they have permission or a right to be there? What can the prosecutor prove about what they meant to do?
The short answer. Home invasion is a felony with up to 20 years in prison in the first degree, 15 in the second degree and 5 in the third degree. Breaking and entering a building with intent to commit a felony or larceny is a felony with up to 10 years. Entering without breaking, with that intent, carries up to 5 years. Entering without permission and without that intent is a misdemeanor. In most of these cases the prosecutor has to prove what you intended at the time you went in, or that you actually committed a crime once inside (MCL 750.110a(2); MCL 750.110(1)), and intent cannot be presumed from the entry alone (People v. Toole, 227 Mich. App. 656, 660 (1998); People v. Uhl, 169 Mich. App. 217, 220-21 (1988)). Do not explain yourself to police before you talk to a lawyer.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every breaking and entering and home invasion case as if it will be tried. Asking early for the surveillance video, the 911 recordings, the lab reports and the officers’ notes lets me test the state’s account before any plea discussion. Big-Firm Power. Street-Level Grit.
This page covers the Michigan statutes, what each charge carries, what the prosecutor has to prove, the consequences most people do not see coming, and how a defense is built. It goes deeper than my Grand Rapids criminal defense lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Michigan breaking and entering and home invasion charges and penalties
These are the maximums in the statutes. The exposure in your case depends on the facts, your record and the judge.
| Charge | Level | Maximum penalty | Statute |
|---|---|---|---|
| First-degree home invasion: entering a dwelling by breaking, or without permission, with intent to commit a felony, larceny or assault (or committing one inside), while armed with a dangerous weapon or while another person is lawfully present | Felony | Up to 20 years in prison, a fine of up to $5,000, or both | MCL 750.110a(2), (5) |
| Second-degree home invasion: the same entry and intent or crime, without the weapon or the person present | Felony | Up to 15 years in prison, a fine of up to $3,000, or both | MCL 750.110a(3), (6) |
| Third-degree home invasion: the same kind of entry with intent to commit a misdemeanor (or committing one inside), or breaking and entering or entering a dwelling without permission while violating a probation or parole condition, a personal protection order, or a bond or pretrial release condition ordered to protect a named person | Felony | Up to 5 years in prison, a fine of up to $2,000, or both | MCL 750.110a(4), (7) |
| Breaking and entering a building, structure, store, shop, office, warehouse, boat or similar place that is not a dwelling, with intent to commit a felony or larceny | Felony | Up to 10 years in prison | MCL 750.110(1) |
| Entering a dwelling, building or other listed structure without breaking, with intent to commit a felony or any larceny | Felony | Up to 5 years in prison or a fine of up to $2,500 | MCL 750.111 |
| Breaking and entering, or entering without breaking, a listed building or structure without first getting permission from the person in control. No intent to commit a crime is required | Misdemeanor | Up to 90 days in jail, a fine of up to $500, or both (the general misdemeanor penalty) | MCL 750.115(1); MCL 750.504 |
| Possessing tools adapted and designed for breaking into a building, room, vault or safe, with intent to use them to steal | Felony | Up to 10 years in prison (up to 5 years when the target is a motor vehicle) | MCL 750.116(1), (2) |
Section 115 and the 90-day figure. Section 115 calls the offense a misdemeanor and does not set its own penalty, so the general misdemeanor penalty in MCL 750.504 applies.
Consecutive sentences. A court may order a prison term for first-degree home invasion to run consecutively to a term for any other offense that arose from the same transaction. Imposing a penalty under the home invasion statute does not stop a court from imposing a penalty under any other law. MCL 750.110a(8), (9).
Felony firearm. If you are charged with having a firearm while committing a felony, a conviction adds a mandatory 2 year prison term, 5 years for a second conviction and 10 for a third. That term is served first and in addition to the sentence for the underlying felony, with no probation or parole during it. MCL 750.227b. First-degree home invasion also applies when the person is armed with any dangerous weapon, and the statute’s definition includes a loaded or unloaded firearm, whether operable or not. MCL 750.110a(1)(b). See my Grand Rapids weapons charges lawyer page.
Sentencing guidelines. Michigan classifies each offense for the sentencing guidelines. Breaking and entering is a Class D property felony. First-degree home invasion is a Class B person felony, second-degree is Class C and third-degree is Class E, all person felonies. Entering without breaking with intent to commit a felony or larceny is a Class E property felony. MCL 777.16f. The class is only the starting point. The recommended range then depends on your prior record and on what happened during the offense.
Habitual offender enhancement. A prosecutor can ask for a longer sentence based on prior felony convictions. For a person with three or more prior felonies, if the new felony carries a maximum of 5 years or more, the judge may sentence up to life. Second and third offenses carry lesser enhancements. MCL 769.10; MCL 769.11; MCL 769.12(1)(b).
What the prosecutor has to prove
Breaking and entering a building. The Court of Appeals has stated the elements of breaking and entering with intent to commit larceny this way: the defendant broke into a building, the defendant entered the building, and at the time of the breaking and entering the defendant intended to commit a larceny there. People v. Toole, 227 Mich. App. 656, 658 (1998). The statute also covers intent to commit a felony. MCL 750.110(1).
What counts as a breaking. Any amount of force used to open a door or window to get in, however slight, is enough. But there is no breaking if the person had the right to enter. People v. Toole, 227 Mich. App. 656, 659 (1998). An inner door can also count. In Toole the defendant was lawfully in a building open to the public and opened the door to a posted “keep out” storage room, and the court held that opening the door met the breaking element. People v. Toole, 227 Mich. App. 656, 659-60 (1998).
Intent. The state must prove the specific intent was there when the person broke in. People v. Toole, 227 Mich. App. 656, 660 (1998). Intent to commit larceny cannot be presumed only from proof of the breaking and entering, though it can reasonably be inferred from the nature, time and place of the person’s acts before and during the breaking and entering. In Uhl the Court of Appeals reversed a conviction because the bindover was an abuse of discretion. The defendant had rung doorbells, pounded on the door and pried at a back door, and the court held those acts showed an intent to get in and not an intent to steal. People v. Uhl, 169 Mich. App. 217, 220-21 (1988).
Entering without breaking. This offense has two elements: entering a building or structure without breaking, and intending when entering to commit a felony or a larceny there. MCL 750.111; see People v. Heft, 299 Mich. App. 69, 74 (2012) (stating the elements where larceny was the charged intent).
Home invasion. First-degree home invasion has three parts. The person either breaks and enters a dwelling or enters it without permission. The person either intends when entering to commit a felony, larceny or assault in the dwelling, or at any time while entering, present in or leaving actually commits one. And while the person is entering, present in or leaving, either the person is armed with a dangerous weapon or another person is lawfully present. MCL 750.110a(2); People v. Bush, 315 Mich. App. 237, 244 (2016); People v. Wilder, 485 Mich. 35, 42-43 (2010). Second-degree leaves out the weapon and the other person. Third-degree uses a misdemeanor as the underlying crime, or a violation of a protective condition, as the table shows. MCL 750.110a(3), (4). The statute lists several alternative ways to commit each degree, so the exact elements depend on how the prosecutor charges it. People v. Wilder, 485 Mich. 35, 43 (2010).
What a “dwelling” is. The statute defines a dwelling as a structure or shelter used permanently or temporarily as a place of abode, including an appurtenant structure attached to it. MCL 750.110a(1)(a). A detached garage or shed usually is not a dwelling under that definition, though it may be a building under the breaking and entering statute. A home that is vacant or temporarily unoccupied can still be a dwelling, because the focus is on whether the owner intends to use it as a place of abode. People v. Powell, 278 Mich. App. 318, 321-22 (2008). The Court of Appeals has also held that a person lawfully inside a dwelling cannot be convicted of home invasion for entering an internal room of that dwelling. People v. Bush, 315 Mich. App. 237, 246 (2016).
What “without permission” means. For home invasion, entering without permission means entering without having obtained permission from the owner or lessee, or from anyone else lawfully in possession or control of the dwelling. MCL 750.110a(1)(c). A tenant, a roommate, a family member or a guest invited in by someone with that authority raises a real question on this element.
A misdemeanor can still elevate a home invasion. The Court of Appeals has held that a misdemeanor assault can be the underlying crime for first-degree home invasion, as long as the person is armed or another person is lawfully present. People v. Sands, 261 Mich. App. 158, 163 (2004). That is why a push or a slap during an entry can turn the charge into a much more serious one.
Consequences beyond the sentence
A felony record. Every home invasion charge and the basic breaking and entering charge are felonies. A conviction stays on your record and can count against you in any later case, including as a prior felony for the habitual offender enhancement described above.
Person felonies and prior record scoring. Home invasion is classed as a person felony under the guidelines. Prior convictions add points under the prior record variables, and how many depends on the class and type of the prior offense. Old priors can drop out under the 10-year gap rule. MCL 777.50 to 777.52.
Supervision and money. Even when prison is not the likely result, a judge can order probation with conditions, jail time, fines, costs and restitution. A probation violation can bring the original exposure back. See my Grand Rapids probation violation lawyer page.
Jobs, housing and licenses. A conviction for a crime involving theft or entering someone’s home can come up in background checks for work, housing, professional licenses and school. If your job, license or school depends on a clean record, tell me at the consultation, because it changes how I approach a plea.
Record relief later. Michigan lets people apply to have some convictions set aside, subject to eligibility rules and waiting periods. Home invasion is an assaultive crime under the set-aside law. That limits an applicant to two assaultive-crime convictions set aside in a lifetime, and it keeps home invasion out of the automatic set-aside process. Breaking and entering under MCL 750.110 carries a 10-year maximum, which also keeps it out of the automatic process. An application to set aside one felony generally has to wait 5 years, and an application to set aside more than one felony has to wait 7 years, measured from the latest of the sentence, probation, parole or prison term. The judge has discretion, and a set-aside is a privilege, not a right. A set-aside conviction can still be counted when a later case is scored. MCL 780.621(1)(b), (4)(a)(iii); MCL 780.621d(1), (2), (14); MCL 780.621g(10)(a), (d); MCL 777.50(4)(a)(ii). See my article on whether a felony can be expunged in Michigan. Eligibility depends on the offense and your whole record, so I check it before I advise on a plea.
How I defend a breaking and entering or home invasion charge
Identity. Many of these cases turn on whether the right person was charged. I ask for doorbell and business surveillance video, 911 and dispatch recordings, body camera video, fingerprint and DNA reports, the evidence logs and the chain of custody. Property found with you is evidence the prosecutor will use. I look at when, where and how it was found, and what else connects you to the entry.
Permission and the right to be there. If you lived there, were invited, had a key, shared the space or reasonably believed you had permission, the breaking element and the “without permission” element can fail. These cases often involve a breakup, a roommate dispute, a family property question or a landlord and tenant fight. See my Grand Rapids domestic violence lawyer page if the other person is a current or former partner.
Intent at the moment of entry. The state has to show what you meant to do when you went in. Being drunk, lost, looking for a person, trying to get out of the weather or entering to retrieve your own belongings points somewhere other than a theft, and the prosecutor must still prove the intent charged. If the intent proof is thin, I raise it at the preliminary examination and again by motion.
The degree. The difference between first, second and third degree is 20, 15 and 5 years. I look at whether anyone was actually lawfully present, whether anything counts as a dangerous weapon under the statute, and whether the underlying act was a felony or a misdemeanor. A first-degree charge can sometimes be reduced to a lower degree. The Michigan Supreme Court has held that third-degree home invasion under MCL 750.110a(4)(a) was a necessarily included lesser offense of first-degree home invasion where the defendant entered without permission and committed a larceny, so a judge or jury can convict of the lower degree on a first-degree charge when the elements fit the same way. People v. Wilder, 485 Mich. 35, 45-46 & n 18 (2010). The Court did not decide whether subsection (4)(b) works the same way. Id. at 46 n 18.
The building or the dwelling. The label matters. A garage that is attached to a house is part of the dwelling, while a detached shed usually is not, and that can change the charge from home invasion to breaking and entering or to a misdemeanor. I read the statutes against the exact structure.
What you said. A statement you made is not hearsay when the prosecution offers it against you. MRE 801(d)(2). Michigan also does not let the state convict on a confession alone. Before a confession comes in, the prosecutor must show with other evidence that a crime happened and that someone’s criminal act caused it. The prosecutor does not have to prove every element that way, and once that showing is made, your statement can be used to prove the rest, including intent and the degree of the charge. People v. Konrad, 449 Mich. 263, 269-70 (1995); People v. McMahan, 451 Mich. 543, 548-49 (1996); People v. Ish, 252 Mich. App. 115, 116-17 (2002). That rule is aimed at confessions, meaning an acknowledgment of guilt, and the Michigan Supreme Court has held it does not apply to a defendant’s statements that admit some facts without acknowledging guilt of the crime. People v. Washington, 514 Mich. 583 (2024). I find out what you said, to whom, and whether it was recorded. Do not explain or argue your side to police.
The search and the stop. If officers entered your home, searched your phone or car, or held you without a legal basis, I look at whether the evidence can be challenged by motion. These cases often start with a police response to a call, so the first minutes of the contact matter.
Ways a breaking and entering or home invasion case may be resolved
Whether any of these is available depends on the facts, your age, your record, the prosecutor and the judge. None is automatic.
Dismissal or acquittal. If the proof of identity, entry or intent fails, the case can be dismissed or end in an acquittal.
A lower degree or a lesser charge. A negotiated plea to a lower degree of home invasion, or to a misdemeanor such as entering without permission under MCL 750.115(1) or trespass under MCL 750.552, can change the prison exposure and what your record looks like. Trespass under that section is punishable by up to 30 days in jail or a fine of up to $250, or both. A prosecutor decides whether to offer a plea, and I do not take that for granted.
Delayed sentence. After a plea or a finding of guilt, the court may delay sentencing for up to one year to give you an opportunity to prove your eligibility for probation or other leniency compatible with the ends of justice and your rehabilitation. MCL 771.1(2). It does not erase the plea or the finding. What the court does at the end of that year is the judge’s decision.
Youthful trainee status. If the offense was committed when you were at least 18 but under 26, the court may, on a guilty plea and with your consent, assign you to youthful trainee status without entering a judgment of conviction. If you were 21 or older, the prosecutor must consent. The statute excludes felonies with a maximum of life, major controlled substance offenses, traffic offenses and certain sex offenses, and home invasion and breaking and entering are not on that list. If you complete the terms, the court discharges you and dismisses the case, and no conviction is entered. MCL 762.11; MCL 762.14. But the sentencing guidelines still count youthful trainee status like a prior conviction if you are charged with another crime later. MCL 777.50(4)(a)(i); People v. Williams, 298 Mich. App. 121, 124-26 (2012).
What happens after a breaking and entering or home invasion arrest
For a fuller walk through bail, the first court dates and your rights after an arrest, see my page on what happens after an arrest in Kent County. In a breaking and entering or home invasion case the steps usually run like this.
- The investigation. Police may arrest you at the scene, or they may identify you later from video, fingerprints, DNA, a witness or property. Whatever you say can be used later.
- Arrest and charging. You may be booked and held until arraignment. The prosecutor reviews the reports and decides the charge and the degree.
- Arraignment. A judge or magistrate reads the charge and sets any bond and conditions. These are felonies, so the case starts in district court. Bond conditions often include no contact with the alleged victim and staying away from the address.
- Probable cause conference and preliminary examination. You and the prosecutor are entitled to a probable cause conference unless both sides waive it, and to a prompt preliminary examination, which you may waive only with the prosecutor’s consent. MCR 6.108(A); MCR 6.110(A). At the preliminary examination the prosecutor must show probable cause that a crime occurred and that you committed it. This is often my first chance to question the witnesses under oath.
- Circuit court and motions. If the case is bound over, it moves to circuit court. This is where motions to suppress evidence or dismiss a charge, plea discussions and diversion requests happen.
- Resolution. The case can end in dismissal, a plea, a delayed sentence or youthful trainee status where available, or a trial.
Where your Kent County breaking and entering case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A breaking and entering or home invasion charge is a felony, so it starts in district court with an arraignment, a probable cause conference and a preliminary examination. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. If the case is bound over, it moves to the Kent County Circuit Court, the 17th Circuit. A misdemeanor entering without permission or trespass charge stays in district court.
Why people hire me as their Michigan breaking and entering lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your freedom, your job, your housing and your record. I build the case the facts support, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with breaking and entering or home invasion in Kent County
What is the penalty for breaking and entering in Michigan?
Breaking and entering a building that is not a dwelling, with intent to commit a felony or larceny, is a felony with up to 10 years in prison. Entering without breaking, with that intent, carries up to 5 years or a fine of up to $2,500. If the place is a home, the charge is home invasion, with maximums of 20 years in the first degree, 15 in the second and 5 in the third. The judge decides the sentence within those limits, and a prior record can raise the exposure.
What is the difference between breaking and entering and home invasion?
Where the person went. Home invasion applies when the place is a dwelling, meaning a structure used as a place of abode, including an attached appurtenant structure. Breaking and entering applies to a store, shop, office, warehouse, barn or other building or structure that is not a dwelling. Home invasion also reaches a person who enters without permission and does not break anything, which the breaking and entering statute treats separately. The penalties are different, and so is the way the charge is defended.
Do I have to break something to be charged with breaking and entering?
No. Any amount of force used to open a door or window, however slight, can be a breaking, so pushing open an unlocked door can count. And if there is no breaking at all, entering with intent to commit a felony or larceny is still a felony under a separate statute with a 5 year maximum. Home invasion also covers entering a dwelling without permission. The question is then permission and intent, not damage.
What if I had permission, or thought I had the right to be there?
It can be a defense. There is no breaking if the person had the right to enter, and for home invasion the prosecutor must show you entered without permission from the owner, the lessee or someone else lawfully in control of the dwelling. If you lived there or had a clear right to be there, that is a strong defense, but it is not automatic. Occasional overnight stays, a dating relationship or a court order can defeat it. A tenant, a roommate, a partner or someone invited in may have permission, but a person with permission to be in one part of a business can still commit a breaking by opening a door to a restricted room. For a home the rule is different, and the Court of Appeals has held that a person lawfully inside a dwelling cannot be convicted of home invasion for entering an internal room of it. The facts about who said what, and who had authority, matter a great deal.
Can the prosecutor prove I meant to steal just because I went inside?
Not by the entry alone. The Court of Appeals has held that intent to commit larceny cannot be presumed solely from proof of the breaking and entering, although it can reasonably be inferred from the nature, time and place of what the person did before and during the entry. The intent has to exist at the time of the breaking and entering. When the evidence shows a break-in but nothing about what the person meant to do, the intent element is where I focus.
What are the three degrees of home invasion in Michigan?
First degree requires that the person be armed with a dangerous weapon or that another person be lawfully present in the dwelling, and it carries up to 20 years. Second degree has the same entry and intent or crime without those two aggravating facts, and carries up to 15 years. Third degree uses a misdemeanor as the intended or committed crime, or a violation of a probation, parole, personal protection order or bond condition ordered to protect a named person, and carries up to 5 years.
Can I be charged with home invasion for going to someone’s home despite a protection order or bond condition?
Yes. A person who breaks and enters a dwelling, or enters one without permission, and at any time while entering, present in or leaving it violates a probation or parole condition, a personal protection order term, or a bond or pretrial release condition ordered to protect a named person, is guilty of third-degree home invasion, a felony with up to 5 years. No intent to commit another crime is required for that version. See my Grand Rapids domestic violence lawyer page.
Is entering a garage or shed the same as home invasion?
Not always. The home invasion statute covers a dwelling, defined to include an appurtenant structure attached to the dwelling. A detached garage or shed is not attached, so it usually is not a dwelling. Depending on the facts, the prosecutor can charge home invasion, breaking and entering, entering without breaking, or a misdemeanor such as entering without permission. The misdemeanor statute lists garages and outbuildings by name. The charge depends on the exact structure, how it is used and what the person intended.
Can a home invasion charge be reduced?
Sometimes. The Michigan Supreme Court has held that third-degree home invasion under MCL 750.110a(4)(a) was a necessarily included lesser offense of first-degree home invasion where the defendant entered without permission and committed a larceny, so a judge or jury can convict of the lower degree on a first-degree charge when the elements fit the same way. The Court did not decide whether subsection (4)(b) works the same way. A prosecutor may also agree to a plea to a lower degree or a misdemeanor. That is a negotiation and not a right, and I do not assume it will happen. I look at what the prosecutor can prove on each element before I talk about a plea.
Should I talk to the police about what happened?
No. A statement of a party that is offered against that party is not hearsay, so what you tell an officer, on camera or off, can be used to show what you did and what you meant to do. You can say you want a lawyer and then stop talking. Do not explain or write out your side of the story, even if you think the explanation is harmless.
Can I get youthful trainee status for a breaking and entering or home invasion charge?
Possibly, if you were at least 18 but under 26 when the offense was committed. The court may assign the status on a guilty plea, with your consent, without entering a judgment of conviction, and the prosecutor must consent if you were 21 or older. The statute does not exclude breaking and entering or home invasion. If you complete the terms, the court discharges you and dismisses the case, and no conviction is entered. But the sentencing guidelines still count youthful trainee status like a prior conviction if you are charged with another crime later. The judge makes the final decision.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If the allegation involves a store, see my Grand Rapids retail fraud lawyer page. If an assault is alleged along with the entry, see my Grand Rapids assault lawyer page. If it involves a current or former partner, see my Grand Rapids domestic violence lawyer page. If a gun is involved, see my Grand Rapids weapons charges lawyer page. If drugs were found, see my Grand Rapids drug crimes lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.
I also cover related charges on their own pages, including larceny and embezzlement, stalking and PPO violations.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with breaking and entering or home invasion in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.