David G. Moore Attorney At Law
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(Kalamazoo and Southwest Michigan)

Can I face burglary charges if I don't go through with the crime?

Not burglary per se. However, there are many laws in Michigan that attempt to curtail burglary by criminalizing certain acts. Amongst these is possession of certain items that are known to be used in burglaries. These items include explosives like nitroglycerine or any other device, tool, or substance that is meant to be used to break into or cut or burn through a vault, safe, room, or building. According to the law, in order for possession of these items to be illegal, you must know that they have been designed or adapted for the use of breaking into an area for the purpose of stealing money or other property.

The penalties associated with this offense are quite serious. Anyone found guilty of the crime will be convicted of a felony, punishable by up to 10 years in prison. That is a long time for merely possessing certain items. Thus, if you find yourself in hot water over this matter, you may want to consider the full extent of your legal rights and defenses.

One way to defend against this felony charge is to claim that the device or substance in your possession has not been adapted to break into one of the aforementioned places. For example, you may have some sort of drill or saw that appears to be used to cut into safes, but you might be able to show that you use that drill or saw for personal purposes, such as woodworking. Another way to potentially beat this charge is to show that you did not know the device was designed or adapted for burglary purposes.

If you are confronted with burglary charges, or any accusations related to it, you could be in for a long, hard fight. When entering a legal battle, you want to ensure you are as prepared as possible. One way to do that is to familiarize yourself with the law and, if you find it beneficial, to surround yourself with professionals who may be able to help guide you through the process.

Source: Michigan State Legislature, "The Michigan Penal Code," accessed on Feb. 13, 2015

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