Entry Without Owner’s Permission Defense Attorney
Criminal defense attorneys dedicated to helping those charged with Entry without Owner’s Permission. LEWIS & DICKSTEIN, P.L.L.C. has a reputation for providing aggressive, zealous, and highly effective legal representation.
What is Entering without Breaking or Entry without Permission?
Entry Without Owner’s Permission is a serious misdemeanor offense with potentially serious consequences. Under Michigan law, any person who enters without breaking any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car, or structure used or kept for public or private use, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor. In contrast to Entry Without Owner’s Permission, Breaking and Entering is a felony offense.
Prosecutors and police officers regularly bring Entry Without Owner’s Permission charges in cases where someone enters a home or business without permission but without the intent to steal or cause anyone harm. The prosecution doesn’t need to prove that the defendant intended to do anything illegal once inside the building or structure, only that the person entered and did not have permission to do so.
What is the penalty?
A conviction for Entry without Permission or Entry without Breaking is up to 90 days in jail and two (2) years of probation. Unfortunately, a conviction’s indirect or collateral consequences can be more serious than jail time or probation. A criminal history that includes Entering a Property Without Permission is considered a crime of dishonesty and would be considered negatively by a potential employer, a licensing board, an immigration court, or a bank considering a loan. Additionally, a conviction under certain circumstances might be permanent and never come off a person’s criminal history unless a judge grants an expungement motion after several years.
What are the potential defenses?
An Entry Without Owner’s Permission charge is not the same as a conviction, and there are many ways to avoid a conviction for Entry without Owner’s Permission. Even if a person has no legal or factual defense, a great criminal defense lawyer can bargain with the prosecutor for a lesser offense, a different offense, or for the case to be taken under advisement and dismissed. There are also several legal defenses, including:
- Legal Right
- Mistaken Identity
- Mental Illness
- Statute of Limitations
What if I’m guilty of Entry Without Owner’s Permission? Can I avoid a conviction and jail?
Good people make mistakes. If you went into a property without the owner’s permission, there are several ways to avoid a conviction and jail time. First, an imperfect defense increases the defendant’s negotiating power and decreases the government’s leverage. Even if a defense might not be ideal, such as confusion or impulsivity, it can be mitigating or enough of a threat to the government’s case that the lawyer could leverage it for a lenient plea bargain or sentence. Additionally, a skilled and reputable lawyer can negotiate with the government for a favorable outcome despite overwhelming evidence.
What to do if you are charged with Entry without Owner’s Permission?
If you are charged with or being investigated for Entry without Owner’s Permission, do not talk with the police under any circumstances without an attorney. You need a top criminal defense lawyer who can protect and defend you and give you the best possible chance of avoiding a charge or conviction.
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending clients charged with felony and misdemeanor offenses in Oakland County, Macomb County, Wayne County, and throughout Southeastern Michigan.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.