What can I expect from a first offense breaking and entering charge? 7 Answers as of October 24, 2011

What should I excpect on a first offense breaking and entering illegal entry without owners permission charge?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
It is impossible to give you a reliable answer without more information. An attorney would need to know the facts and circumstances of your case, your history, your age, and much, much more. If you are under 21 years old, there may be a basis upon which to get your case dismissed. If you are a juvenile, there may be a way to keep your record sealed. If you are over 21, there may be a way to get your case taken under a diversion or delayed sentence so that you will not end up with a conviction. Many things are possible.
Answer Applies to: Michigan
Replied: 10/24/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
It will depend on what you are ultimately convicted of. You should have your attorney score you out with the Michigan Sentencing Guidelines. That would give you the most accurate prediction.
Answer Applies to: Michigan
Replied: 10/6/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
It will depend on your charge. Occupied or unoccupied will have a great variance in penalty. Similarly, your prior record, whether a weapon was used, what was damaged, and other factors will go into what will happen. You should discuss all of these things with the attorney you hire to represent you in your case.
Answer Applies to: Michigan
Replied: 10/6/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
It depends on the circumstances of what happened any prior record that you might have and some other factors. Breaking and entering of just a building can carry 10 years. If it was an occupied dwelling it can carry more. You need an attorney.
Answer Applies to: Michigan
Replied: 10/6/2011
Rudolph A. Serra, Attorney
Rudolph A. Serra, Attorney | Rudolph A. Serra
The answer to your question may vary depending on WHAT JURISDICTION you are in? Where did the crime occur? Generally, entering without owner's permission is a misdemeanor [a minor crime] and the maximum penalty is 93 days in jail and a $500 fine. First offenders almost never get the maximum. "Breaking and entering" is pretty much the same thing with the same maximums. A competent lawyer would want to review the complaint or other charging document and look up the statute under which you are charged. If property was taken or damaged it could be a more serious crime. If it is a misdemeanor and a first offense, the most likely outcome is probation. You should, however, get a lawyer. If this is your first offense, it is possible to negotiate a plea that will avoid a criminal record. It may also be possible to get any record expunged after 5 years.
Answer Applies to: Michigan
Replied: 10/5/2011
    Hilf & Hilf PLC
    Hilf & Hilf PLC | Daniel Hilf
    A lot of what you can expect depends up the charge, where the case is being prosecuted, who the Judge is that is assigned to the case, sentencing guidelines (for felony cases), and the particular facts of the case. Breaking and Entering a Home is classified as Home Invasion in Michigan, which can be either a 5, 15 or 20 year maximum felony depending upon the circumstances of the case. Illegal Entry is a misdemeanor offense, the penalty of which depends if the matter is prosecuted by a State Prosecutor or City attorney. Your lack of a prior record will help in terms of the ultimate result of the case. There are also possible ways to avoid having this matter appear on your record.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Breaking & Entering is a felony and you face a possibility of prison time. It it is your first offense, they may offer you a misdemeanor and you could possibly get off with probation or just some jail time. It really depends on a lot of factors including how strong the case is against you, the input from the victim, and who the judge and prosecutor is. Your attorney should be able to tell you what is good and what isn't good and what is or is not likely based upon the particulars of your case. Do not agree to anything without first consulting with an attorney.
    Answer Applies to: Michigan
    Replied: 10/5/2011
Click to View More Answers: