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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com

 
BREAKING AND ENTERING

What is Breaking and Entering?

 

Breaking and entering is breaking and entering into an unoccupied building with the intent to steal something or commit a felony while inside.

 

Examples:

  • Breaking the lock off a barn door and stealing farm equipment.

  • Breaking into a warehouse to steal their stock.

 

Penalties:

  • Up to 10 years in prison

What Defenses Are There?

  No intent to steal:
    The perpetrator broke into the building, but did not intend to steal or commit a felony inside.
  Claim of right:
    The perpetrator owned the building.

Jury Instruction

 
  1. (1) The defendant is charged with the crime of breaking and entering. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

  2. First, that the defendant broke into a building. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking. Entering a building through an already open door or window without using any force does not count as a breaking.

  3. Second, that the defendant entered the building. It does not matter whether the defendant got his entire body inside. If the defendant put any part of his body into the building after the breaking, that is enough to count as an entry.

  4. Third, that when the defendant broke and entered the building, he  intended to commit [state offense].

Why Should You Hire the Ambrose Law Group?

 

Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.

You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.


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  The Ambrose Law Group is comprised of trial lawyers who specialize in Criminal Defense, DUI Defense, Bankruptcy, Family Law, Civil Litigation, CPS Defense, Juvenile Law, and Estates and Trusts. We represent clients in Oakland, Wayne, Macomb, Livingston, Lapeer, Genesee, and Washtenaw Counties.
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