Legal Question in Criminal Law in Michigan

property damage and theft

My mother had a home with a small store attached. My brother lived with her to assist her as she was in ill health. She was put in a nursing home and he refused to leave the property as she wanted. He was then evicted. When he left the home, he and a friend went into the store and removed 4 coolers,totally breaking down a wall of the store to remove them. He also stole a $10000 lawn tractor and many other things. Can they be prosecuted criminally for the damage and theft since it occurred in the store/property and not in the house?


Asked on 1/26/09, 6:10 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: property damage and theft

Yes. "Breaking & Entering a Building With Intent To Commit a Larceny" is a felony. But police will have to investigate it and the prosecuting attorney will have to make a charging decision.

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Answered on 1/27/09, 9:11 am


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