Michigan Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Michigan: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Michigan, consult a licensed Michigan criminal defense attorney.

Michigan Burglary Penalties

OffensePenalty
First OffenseFelony (B&E with intent): up to 10 years prison
Second Offense1st degree home invasion: up to 20 years prison

MCL §750.110a; home invasion 1st degree involves armed or occupied dwelling

Burglary Statute of Limitations in Michigan

In Michigan, the statute of limitations for theft and property crimes is generally 6 years.

See all Michigan statutes of limitations →

Defending Against Burglary Charges in Michigan

Common defenses in Michigan burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Michigan criminal defense attorney for advice.

Related Michigan Laws