Possession of Burglary Tools
by
Jared Austin on Oct. 08, 2013
Criminal Criminal Felony Criminal Misdemeanor
Summary: Discusses MCL 750.116 which is the charge, definitions, penalties, and defenses for being in possession of burglary tools.
If you get caught with some common household or hardware items such as a crowbar[1], chisel, or a flashlight[2], you could find yourself facing felony charges. Even though the items may seem rather innocuous and ordinary, if the police believe you have them to use for an illegal purpose, you may find yourself being accused of a serious crime.
Possession
of Burglary Tools is when someone knowingly possesses “burglary tools” with the
intent break and enter one of the following: building, room, vault, safe, or
other depository. We now know that “other depository” is a catch-all phrase
that includes motor vehicles.[3]
Burglary
Tools
What
exactly are burglary tools? They are defined as any tool, implement, or
instrument including, chemical, explosives, or other substances adopted or
designed for breaking and entering. The tool or substance just doesn't have to
be capable of being used for breaking and entering, but it has to be designed
or expressly planned for breaking and entering. It has to be designed for
cutting, burning, or otherwise forcing or breaking open. Some examples include:
chisel, saw, hammer, lock picks, flashlight, and crowbar.
Intent
for Illegal Purpose
It
is not enough to prove that someone was in possession of these items. The
prosecutor has to also prove that the accused was in possession of one or more
of these items specifically for an “illegal purpose”[4]
or with specific intent to commit a breaking and entering with them.
Penalty
Possession
of Burglary Tools is a felony punishable by up to 10 years in prison.