home-invasion-safetyBreaking and entering is a specific intent crime meaning that the prosecutor must prove that the accused had the specific intent to perform certain acts in order to establish the elements of breaking and entering.  The primary difference between breaking and entering and home invasion is the nature of the structure into which the accused enters.

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.

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