Hartland, MI asked in Criminal Law for Michigan

Q: What do you get for a b&e

I was with my buddy and he tried opening a door to a shack on a golf course were they keep there maintenance supplies and i was there but i did noting he set an alarm off and i left but i did not touch anything or try to do anything?

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1 Lawyer Answer
Hillard Fried
Hillard Fried
Answered
  • Criminal Law Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: In asking about penalties you are putting the cart before the horse. The more important issue is whether you committed any crime, at all. Every criminal offense is comprised of necessary elements. The elements of a crime are like the wheels of a car. If one is missing, the car won't drive.

The elements of the basic crime of Breaking and Entering are: (1) Breaking; (2) Entering; (3) A building enumerated in the statute; (3) With intent; (4) To commit a felony or a larceny. A Michigan court of appeals decision has defined "breaking" as follows: "Any amount of force used to open a door or window to enter the building, no matter how slight, is sufficient to constitute a breaking". The maximum possible penalty under the basic Breaking and Entering statute is 10 years in prison.

Mere presence at the scene of a crime - even if you are in some way associated with the perpetrator - is not grounds for a criminal conviction. Provided that you were merely a passive bystander and did not aid or encourage your friend in any way whatsoever, technically, you have committed no crime.

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