I was really freaking out, and Robert was able to make me feel like I was in good hands. You do not need to enter a house or a building in order to be guilty or breaking and entering.
This is a common misconception, as we tend to associate breaking and entering with entry into a home or a business. Auto burglary is unique in that the car must be locked in order for the defendant to be guilty of the crime.
Breaking and entering most often refers to burglary, but may also be associated with other offenses. Two of the most common related offenses are trespassing and vandalism. Each of these crimes are explained in more detail below. The most important elements that constitute a Penal Code violation are the entering of the premises and the intent to commit theft or a felony once inside.
A legitimate defense could lower a breaking and entering penalty by reducing the severity of the penalties. Additionally, a strong defense could reduce breaking and entering charges from a felony, to a misdemeanor. Simply put, no, it is not breaking and entering if you live in or on the property.
If a person enters their own property, they obviously have their own consent to do so. An issue may arise if someone else lives in the home, and is trying to prevent you from entering, for whatever reason.
That is an entirely separate issue and does not involve the crime of breaking and entering. You cannot burglarize your own home, by definition. Breaking and entering charges can quickly escalate, from a misdemeanor to a felony.
If you are facing breaking and entering charges, you should immediately consult with a skilled and knowledgeable criminal law attorney. An experienced criminal defense attorney can determine whether there are any defenses available to you based on the specifics of your case. Finally, an attorney can also represent you and your rights in court as needed. Jose Rivera. Law Library Disclaimer.
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I understood this and appreciated them not throwing a bunch of BS my way. He was lucky to have lawyers like you on his side. Trespassing vs. If there is not the intent to commit a felony but rather a misdemeanor — G. If there is and entering at night with no breaking or a breaking and entering during the day but the homeowner is present and placed in fear — G.
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