Legal Question in Criminal Law in Michigan

Re: MCL 750.356a Breaking and Entering Motor Vehicle Causing Damage

B&E Auto with intent to steal where any damage occurs to the vehicle may be charged as that felony crime by a prosecutor. Here, the defendant breaks or enters a vehicle with the intent to steal or unlawfully remove property therefrom and in so doing breaks, tears, cuts, or otherwise damages some part of the vehicle. "Breaking" (as in breaking-and-entering) means using some force to enter -- i.e., opening a door -- and does not mean "damages".

If there is no damage to the car, then the value of the items that the defendant intended to steal determines whether it's a felony ($1,000 or more) or misdemeanor (under $1,000).

Another way a felony can be issued is if the defendant B&E-ed the vehicle with intent to steal $200-$999 worth of stuff (normally a misdemeanor) but has a prior conviction for a larceny.

Ultimately, the prosecutor's charging discretion plays into which crime to charge, what level to charge, etc. For instance, minor dmage may not trigger the felony if the bad guy was stealing cigarettes and loose change but minor damge by a defendant who just got out of prison might tip the scale for the felony; likewise, damage of $1,003 may still be issued as a misdemeanor.