Can I get charged for burglary for pawning my ex boyfriend's TV? 15 Answers as of February 26, 2013

My boyfriend and I recently broke up. I told him to come get his stuff that night. He didn't show up so I put his clothes outside and pawned his TV. Now he's saying he filed against me and I'll be getting four counts of burglary. Can that happen? I don't think he even has proof of purchase.

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William L. Welch, III Attorney | William L. Welch, III
Possibly. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, elocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/26/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
He can ask the police to arrest you for burglary, but he cannot tell the police to arrest you for burglary.
Answer Applies to: Georgia
Replied: 2/18/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
I would think that in the situation that you have described it would be more of a civil matter. He could file a charge against you but you did not commit burglary. You Should not have sold his TV but i doubt it rises to a criminal offense. Why not just pay him the value of it and he can replace it. It is really a civil and not a criminal matter.
Answer Applies to: New Jersey
Replied: 2/18/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
From the sound of things this happened in your home which if true, would preclude burglary charges since you can't really break and enter into your own dwelling. He could, however, pursue larceny charges which basically means that you took something of his without his permission with the intention of never returning it. Those types of cases happen a lot. Part of the prosecutor's burden of proof would be establishing his ownership of the items. While you can bring up as a defense that he has no proof of purchase, that may not be necessary as they could offer proof in other ways such as photographs or testimony. In the end, it would be up to the jury to decide who they believe and if they are convinced beyond all reasonable doubt. You need to speak with a criminal lawyer, especially if charges are filed.
Answer Applies to: Michigan
Replied: 2/18/2013
Henry Lebensbaum | Henry Lebensbaum
I do not see facts supporting charge for Brooklyn.
Answer Applies to: Massachusetts
Replied: 2/18/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well you won't be charged with burglary which involves breaking into a building but larceny by conversion. Get it back and give it to him. It was not yours to pawn.
    Answer Applies to: Michigan
    Replied: 2/16/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    You could be charged if the police believe you took the TV. The prosecution may not get a conviction for burglary, but they could get a conviction for possession of stolen property.
    Answer Applies to: Utah
    Replied: 2/16/2013
    Hamblin Law Office | Sally Hamblin
    Not sure where four counts come into play based on your information. You pawned an item not yours. You did not give him reasonable time to pick up his things. You used poor judgment, which could result in theft or police claiming it is a civil matter. One would look at if you paid for the TV, too.
    Answer Applies to: Michigan
    Replied: 2/16/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You are guilty of conversion, a civil tort and can be sued. You were supposed to hold his property until he picked it up and give him a reasonable amount of time to do so. It is probably not a crime to put his property outside, but it was a crime to pawn his TV and the crime might be Petty Larceny or Grand Larceny if the TV is worth more than $1,000. The pawn shop should have asked you if you owned the TV and kept it for 30 days before they put it out in the store.
    Answer Applies to: New York
    Replied: 2/16/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    You need an experienced criminal defense attorney. Are these cases from WA state? I handle all types of criminal offense throughout Eastern WA state so if you need me contact me.
    Answer Applies to: Washington
    Replied: 2/16/2013
    Universal Law Group, Inc. | Francis John Cowhig
    You may not be charged with burglary, but if your boyfriend owns the T.V. you may be charged with theft.
    Answer Applies to: California
    Replied: 2/16/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Burglary entails you entering his place and taking property against his will. You live there, gave him notice to pick up his items, and he did not. He might be able to sue you in civil court, but burglary definitely does not come into play in your situation.
    Answer Applies to: Illinois
    Replied: 2/16/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It's possible you could be charged for theft, but not burglary. The TV was in your home, so you could not illegally break and enter your home, which is a requirement for burglary. As for theft, I think you have a good defense. Your boyfriend "abandoned" the tv. If a jury believes you, you should be acquitted. Hire a lawyer to help you.
    Answer Applies to: Utah
    Replied: 2/16/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    If you sold something that didn't belong to you, then yes, you can be charged with a crime. It makes no difference whether or not he has receipts for the TV.
    Answer Applies to: California
    Replied: 2/16/2013
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