Legal Question in Criminal Law in Michigan

misdemeanor breaking and entering - illegal entry

So me and two of my friends, one a junior in high school and my friend and I both seniors, went out at night to prank one of our classmates and then dingdong ditch in that same neighborhood. I park just down the road from the house and then we walked up his driveway. My friends entered the open garage door to find the kids car. We did open any doors or force entry, the garage door was just open and not 30 seconds after they went in someone from in the house came into garage and we all ran away. The police were notified and came to my house later that night because my car was still parked in the neiborhood. The owner of the house did not press charges because they know it was just a prank gone wrong. Where my problem is is that the city is pressing charges on my friends and I for misdemeanor breaking and entering - illegal entry.

Is there any way to settle this without any legal cosequenses because it was just a prank gone wrong? And if so what do I do?


Asked on 10/18/09, 8:36 pm

3 Answers from Attorneys

We can help you resolve this criminal case. If your family is willing to hire an attorney to fight for you, call Mike Cronkright at 1 866.766.5245. He will be available by phone at 9 am on Saturday morning.

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Answered on 10/23/09, 10:41 pm
William Morrison Action Defense Center

What were your buddies going to do once they were in the garage - just stand there and take up space?

You're lucky you didn't get shot and only charged with a light misdemeanor.

Given the suspect intellect of you and your friends, you definitely need a lawyer.

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Answered on 10/24/09, 12:09 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Entry without Permission (MCL 750.115) is a misdemeanor that does not require proof that you used force to enter the building ... just proof that you entered a building without the owner's permission. This crime does not require proof of the people's intent. If there is proof of an intent to steal or to commit some other crime (like malicious destruction of property), then the charged crime could be even more serious than EWOP. It cuold be charged as breaking/entering a building with intent, which is a felony. (This crime also can be committed with mere entry without permission, regardless of whether force was used to open a door/window to get in.)

Of course, to prosecute this, the city would need the pwner's testimony that you kids did not have his permission to enter the garage.

Even though the owner sees this as an aborted "prank", the victim doesn't press charges ... the government does. The city might justifiably think that prosecution is appropriate to try to curtail nighttime prowling, and even "pranks". Why? Police time is wasted responding to the scenes of these events ... some pranks end up with people being hurt (e.g., home/building owner confronts the people, sometimes shots are fired, etc.).

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Answered on 10/24/09, 3:07 pm


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