QUESTION
Can I be chagrge with burglary if I am currently a resident?
Asked on Nov 02nd, 2013 on Landlord and Tenant Law - Washington
More details to this question:
I was illegally locked out of my current residence and was denied access to my personal property. I broke in to retrieve my belongings after being threatened that my stuff would be damaged. Can I be charged with burglary since I was at the time a current resident? Just to give a little background on the situation, the house is my mothers house and I have been a resident since I was eight years old she died on September 11. The house was placed in probate to determine who would be made the head over her estate. Since her death my father has been trying to force me out of the house to claim it as his own even going as far as to changing the locks so that I wouldn't have access to any of my belongings forcing me and my daughter to seek shelter from who ever who would take us in.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Get an attorney and start making amends with your father. As I do not have information on the titling of the house I can only state it appears you have no rights to occupy the house and you must learn to respect that.
Answered on Nov 07th, 2013 at 6:06 AM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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There are numerous factors to be considered, but ultimately, if you were getting mail there, paying rent or utilities, etc., then you could establish residence and it would not likely be burglary. However, you would also need to prove that what you took was indeed yours, and that could be more problematic unless obvious, like little girl's clothes, or clothes obviously only you would wear, etc.
Answered on Nov 07th, 2013 at 5:50 AM