QUESTION
What is my defense against breaking and entering?
Asked on Sep 25th, 2011 on Criminal Law - Michigan
More details to this question:
If you are living with your boyfriend in his house, and he locks you out of the house, can you be charged for breaking and entering even though you still live there?
21 ANSWERS
Steven D. Dunnings
That you were a renter.
Answered on Jun 24th, 2013 at 12:49 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can be charged but I think it won't stick.
Answered on Jun 24th, 2013 at 12:44 AM
Technically, if you have permission to enter, it is not breaking and entering.
Answered on Jun 19th, 2013 at 9:28 PM
3 Awards
Depends on his story. You need to hire an attorney to protect your side of the story because that is a very serious charge.
Answered on Jun 19th, 2013 at 9:27 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on Jun 03rd, 2013 at 2:24 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 2:19 AM
Samuel H. Harrison
Probably not. The problem is that your boyfriend may have told the police a very different story.
Answered on Oct 28th, 2011 at 1:21 PM
If you have a right to be in the home, you cannot break and enter your home.
Answered on Oct 28th, 2011 at 1:21 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you actually live in the home.. Probably not. However, you do not say whether or not there are any no contact orders in effect. If so, then yes. I do not know what the facts are.
Answered on Sep 29th, 2011 at 7:57 AM
The requirements for breaking and entering are that you 1 have to enter the house and 2 that before entering you have to have the intent to commit a crime within. If you are entering your living space and do not want to trash it or steal his stuff then you have a good defense against breaking and entering.
Answered on Sep 28th, 2011 at 1:18 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Burglary require no authority to enter and entry to commit a crime inside.
Answered on Sep 28th, 2011 at 11:31 AM
If he is the only owner or tenant and he has asked you to leave, then yes you can be charged.
Answered on Sep 28th, 2011 at 11:19 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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I would say the answer is no "if" you can show you were living there. Breaking and entering requires a breaking of an entrance and entering without the consent of the lawful occupant. If you are a lawful occupant you don't need consent to enter.
Answered on Sep 28th, 2011 at 11:12 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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No. Not if you have a legal right to be there. Ultimately, that determination can only be made with more information. You should take advantage of a free case evaluation offered by just about all criminal defense lawyers and discuss the specific details involved as you may have a valid defense to the charges. I hope this answer was helpful and good luck.
Answered on Sep 28th, 2011 at 10:56 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. You are a tenant with rights and cannot be locked out or charged in my opinion.
Answered on Sep 28th, 2011 at 10:50 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Breaking and Entering requires you to break and enter a dwelling with the intent to commit a felony. In order to be charged the prosecution would have to prove that you intended to commit some sort of felony once you got inside. However, since it is his house he does have the right to say who is welcome there. You could possibly get charged with a lesser offense of trespassing unless you want to try and claim that you had been there long enough that it was your legal residence and he was then required to evict you in order to remove you. In any event, seek the advise of legal counsel before pleading to anything or agreeing to anything.
Answered on Sep 28th, 2011 at 10:05 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If he owns the house or if a rental, if you are not on the lease, you could theoretically be charged. However, I doubt if a DA would prosecute if he knows the whole story. If this guy beat you up you can get him charged with spousal (you don't need to be married - just be girlfriend) abuse and they will throw his dumb ass out of his own house and let you live there (but if rented of course you will haveto pay the rent). If he owns the place you do not pay the mortgage and if he doesn't it will ultimately be foreclosed.
Answered on Sep 28th, 2011 at 9:57 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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Yes, and no. Do you still have permission to be there? Are you both on a lease? Much more information will be needed before anyone on here can give you a proper answer.
Answered on Sep 28th, 2011 at 8:53 AM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Simply put, No! You have a right to 30 days notice to vacate. You can't legally be thrown out of your own house, you have the right to go back in That is a perfect defense and charges should not be filed.
Answered on Sep 28th, 2011 at 8:51 AM
Daniel Kieth Martin
Anyone can be charged for anything, however you should not be charged under those circumstances because you lived there. Try to round up proof that you lived there such as mail or utility bill.
Answered on Sep 28th, 2011 at 8:50 AM
Michael J. Breczinski
Should not be able to if you still live there. How long were you out before you tried to go back in, an hour or two, or was it several weeks. There are circumstances where they could claim that you no longer live there.
Answered on Sep 28th, 2011 at 7:47 AM