Breaking and entering requires the prosecutor to prove the following elements beyond a reasonable doubt: that the accused used some force to gain entry to a building or entered a building without permission; that the accused also broke into the building with the intent to commit a specific felony and in fact did commit said felony. Any use of force is sufficient to make the prosecutor’s case. Examples include: raising a window, opening a door or removing a screen.
The Michigan Penal Code broadly defines any nature of structure into which an accused may break and usually, the prosecutor will select a specific charge to fit the facts of the case. Examples include the following specific structures: boat, ship, shipping container, railroad car, tent, hotel, warehouse, office, store, shop, barn, granary, or a factory.