Legal Question in Criminal Law in Michigan

I was recently charged with Breaking and Entering without breaking/with intent to commit larceny. I was sentenced to 30 days in jail and a year of HYTA probation so it will be off my record. The question I have refers to my friend, however. Earlier this year we walked into a school by my house during the night while we were intoxicated. After turning ourselves in, I was arrested and sentenced first. My friend being the one who opened the door and suggested the idea was never arrested, and weeks after my release only is being charged with Illegal entry, no felony.

How can there be such a difference in our sentences. The only difference is I took a few pencils and items well worth less than 20 dollars. Is that enough to make such a distinct difference in the outcomes of our cases? It is really bothering me how he got off so lightly. Did he maybe strike a deal with law officials?


Asked on 3/14/13, 4:08 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The difference is that your friend wasn't a thief ... you were. Your friend merely entered a building without permission, which is a relatively minor misdemeanor charge. By adding evidence that you did the same thing with an intent to commit a larceny (provable because you in fact stole), you added another layer of criminality that changed "Entry without Permission" to "B&E Building with Intent", which is a felony. The dollar value of what you stole is not an element for B&E Building. It might be a factor in the prosecutor deciding whether to charge you with that felony versus another lower felony (i.e., Larceny in a Building) versus one or a series of misdemeanors (e.g., Entry Without Permission, Larceny Under $200, etc.).

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Answered on 3/15/13, 1:15 pm


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