Legal Question in Criminal Law in Michigan

Re: criminal law

It depends upon whether or not the premises are occupied exposing the occupant to the possibility of violence.

Re: criminal law

As a general answer, "B&E Building" is catagorized as a Crime Against Property in the Michigan Felony Sentencing Guidelines.

But, in a particular case, it could be considered a 'violent crime' if a weapon was used, a person was assaulted, etc.

If the B&E occurred at a residence (house, apartment, condo, etc.), then it is a Crime Against a Person. The crime is called "Home Invasion". A person does not have to be present when the crime occurred. If one was (lawfully present) at the time of the crime, it becomes the most serious level of Home Invasion.

For a definition of Home Invasion, go to the Legal Definitions page at www.prosecutingattorney.info.