QUESTION
Is it breaking and entering if I live there?
Asked on Aug 01st, 2013 on Criminal Law - New York
More details to this question:
I currently live with my boyfriend and he has filed criminal charges against me for breaking and entering. I am not on the mortgage however; I have been living there since February of 2013. I left my keys in the house one date and he refused to open the door. I ripped through a screen to get it because it was an emergency. Can I go to jail for breaking and entering?
3 ANSWERS
John J. Carney
If you can prove that you were living there it is not a crime. It could be Criminal Mischief but that is debatable and the DA would not pursue it to trial.
Answered on Aug 08th, 2013 at 1:03 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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No, you cannot, at least in California. You cannot burglarize your own residence. You need an aggressive lawyer to make that argument and get your case dismissed. Many of us on LawQA provide a free consultation. Please contact an attorney ASAP.
Answered on Aug 08th, 2013 at 1:03 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are a resident there, you are not breaking and entering. If your BF is making these kinds of threats, my advice: move out and get a new BF. Sounds to me like he has control issues.
Answered on Aug 08th, 2013 at 1:03 AM