What is my defense against breaking and entering? 34 Answers as of October 28, 2011

If you can establish that you had a right to be in the dwelling then yes, this is a defense to burglary. You may not have your name on the lease or mortgage but if you can establish proof that you had been living there for some period, and therefore it was reasonable for you to enter the premises, you should not be charged with burglary. Proof of occupation can include such things as your belongings being inside, bills arriving at the residence under your name, payments toward utilities, etc. In any event, if you are charged with burglary I recommend contacting a defense attorney for assistance. Even if you believe the case is silly, a burglary charge is not easily dismissed in most circumstances.

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.

Burglary require no authority to enter and entry to commit a crime inside.

You can be charged with Criminal Mischief for damaging the door or window, but if you live in a house you are not committing a crime to enter under most circumstances. Even if you are not the owner or on the lease if you live there you have certain rights and the police cannot ask you to leave, but you may have a problem if he changes the locks and you actually break in using force. If your boyfriend does not want you living there it may be dangerous to continue to be around him, especially if he is violent or abusive. Perhaps it is time to find another boyfriend.

You certainly may be charged but you may have a defense or at least an explanation. It is very important if anyone was present when, and if, you broke in. You need to prepare evidence that shows you were residing at that home at the time of the incident.

If you have been lawfully residing full time in the home, you cannot be locked out in any legal manner. However, breaking in may constitute an unlawful damage to property. Your remedy is in court.

If he is the only owner or tenant and he has asked you to leave, then yes you can be charged.

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.

Maybe. If you are not on the lease then he can claim that he did not want you there and you would have no legal right to be there. However, as a defense, if you can show that it was your legal residence even if you were not listed on the lease, then you can have a good chance of beating the charge.

No. You are a tenant with rights and cannot be locked out or charged in my opinion.

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.

You would have a defense if you had some sort of legal right to be there, such as your name on a lease or mortgage papers. You could also try to prove constructive residence if you had a key, had your belongings there, or had stayed there with permission for some time and did not have that permission revoked. However, if he is the owner and you had no legal right to be there, and he told you to leave or stay out, your argument is more problematic.

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.

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.

Breaking and entering is not a charge. Criminal Trespass requires proof that you entered or remained in a building unlawfully. Burglary requires proof that you entered or remained unlawfully in a building with the intent to commit a crime. Malicious Mischief requires proof that you damaged the property of another person. If you had a lawful right to be in the building there is no crime. However, if you damaged property of another person, including the landlord, you could be charged with a crime.

The charge might be malicious mischief if you damaged anything. If you committed a crime against persons or property once you were inside, you could possibly be charged with Residential Burglary. However, if you live there and can prove it with a lease or mail, you shouldn't be charged with burglary, although you could be criminally charged for any damage you did.

If you live in the house you have the right to enter you need to establish residency to defend against the charges.

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.

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.

You can't be charged with burglary of your house, but if you don't own the house, and are not on the lease, possibly but more likely only criminal mischief for damage, or criminal trespassing.

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.

You can be charged with anything. Proving it is another matter.

Yes you can be charged, but the chances of a conviction are small. If you live in a house, even if the title/lease is in your boyfriend's name, you have a right to access to the property and access your property in the house. If he locks you out of your house, then you have a right to gain access. My suggestion is that if you are going to try to gain access after being locked out, you should contact the police and warn them that they might be getting a call to the home.

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.