If you are charged with Breaking and Entering a Motor Vehicle with Damage in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.
B & E Motor Vehicle with Damage is a class G felony that carries up to 5 years in prison (60 months). If you are arrested and charged with Breaking and Entering a Motor Vehicle with Damage, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.
Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.
The charge of Breaking and Entering a Motor Vehicle with Damage is detailed in the Michigan compiled laws, MCL 750.356a(3). The provisions of MCL 750.356a state:
(1) A person who commits larceny by stealing or unlawfully removing or taking any wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer, or other electronic device in or on any motor vehicle, house trailer, trailer, or semitrailer is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(2) Except as provided in subsection (3), a person who enters or breaks into a motor vehicle, house trailer, trailer, or semitrailer to steal or unlawfully remove property from it is guilty of a crime as follows:
(a) If the value of the property is less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property, whichever is greater, or both imprisonment and a fine.
(b) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property, whichever is greater, or both imprisonment and a fine:
(i) The value of the property is $200.00 or more but less than $1,000.00.
(ii) The person violates subdivision (a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.
(c) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property, whichever is greater, or both imprisonment and a fine:
(i) The value of the property is $1,000.00 or more but less than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).
(d) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property, whichever is greater, or both imprisonment and a fine:
(i) The property has a value of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).
(3) A person who violates subsection (2)(a) or (b) and who breaks, tears, cuts, or otherwise damages any part of the motor vehicle, house trailer, trailer, or semitrailer is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, regardless of the value of the property.
(4) The values of property stolen or unlawfully removed in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property stolen or unlawfully removed.
(5) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(e) A copy of a court register of actions.
(6) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
Breaking and Entering a Motor Vehicle with Damage under Michigan sentencing guidelines is scored under crimes against property (Property). Under the guidelines, a person who is convicted of B & E Motor Vehicle with Damage with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 3 months. With no prior criminal record but horrible facts, the defendant can face 9 months. With a terrible criminal record and terrible facts, the accused can be looking at 23 months under the guidelines.
The jury instructions set forth the following elements for B & E Motor Vehicle with Damage that must be proven beyond a reasonable doubt by the prosecuting attorney:
M Crim JI 23.6a Breaking or Entering a Vehicle with Intent to Steal Causing Damage
(1) The defendant is charged with the crime of breaking or entering a vehicle with the intent to steal property worth [$200 or more, but less than $1,000 / less than $200] causing damage to the vehicle. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that there was either a breaking or an entering of the [motor vehicle / house trailer / trailer / semitrailer]. For a breaking, it does not matter whether anything was actually broken; however, some force must have been used. The opening of a closed door or the pushing open of a vent window, for example, is enough force to count as a breaking. For an entry, it does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the [motor vehicle / house trailer / trailer / semitrailer], that is enough to count as an entry.
(3) Second, that at the time of the breaking or entering, the defendant intended to take some property and permanently deprive the owner of it. [It does not matter whether the defendant actually took the property.]
(4) Third, that the fair market value of the property was:
[Choose only one of the following unless instructing on lesser offenses.]
(a) $200 or more, but less than $1,000.
(b) less than $200.
(5) Fourth, that in doing so the defendant broke, tore, cut, or otherwise damaged any part of the [motor vehicle / house trailer / trailer / semitrailer].
I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Breaking and Entering a Motor Vehicle with Damage. While there are a number of defenses to B & E Motor Vehicle with Damage that we can explore during a consultation, the elements contained in M Crim JI 23.6a provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.
As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.