Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.
In Michigan, burglary is defined under the Michigan Penal Code. The state distinguishes between home invasion and breaking and entering, which are similar to what is commonly referred to as burglary in other jurisdictions. Home invasion is the unlawful entry into a dwelling with the intent to commit a felony, larceny, or assault once inside, and it is categorized into three degrees based on the severity of the circumstances, such as whether the offender is armed or if the dwelling was occupied at the time of the offense. Breaking and entering, on the other hand, involves entering a building without permission with the intent to commit a larceny or any felony. Michigan law also covers the unlawful breaking into a vehicle, coin-operated device, or ATM with the intent to commit theft under separate statutes. The penalties for burglary-related offenses in Michigan vary depending on the specific crime and can range from misdemeanors to serious felonies with substantial prison time.