QUESTION
Can they charge me with burglary second degree if I busted out my brother’s house window?
Asked on Aug 08th, 2013 on Criminal Law - Colorado
More details to this question:
I didn't enter the premises nor attempted to. I even replaced it the same day. Can they do this?
4 ANSWERS
2 Awards
You can be charged with the crime; but that does not mean that you do not have defenses to it. I would hire an attorney in your area. Consult with about 3 or 4 and go with the one that you feel most comfortable with and can afford. I would not necessarily judge an attorney by their price, but price should be a consideration for budgeting purposes.
Answered on Aug 16th, 2013 at 1:48 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Burglary (at least under California law) turns on whether you had the intent at the time of the entry to commit a felony or petty theft inside the structure. If intent cannot be proven, then there is no burglary based on your facts, it might just be a simple vandalism charge.
Answered on Aug 16th, 2013 at 1:48 AM
If you did not enter, the more appropriate charge would probably be malicious mischief (level determined by the value-amount of the damages).
Answered on Aug 16th, 2013 at 1:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details, but sounds more like a trespass or malicious destruction of property.
Answered on Aug 16th, 2013 at 1:48 AM