Can we be charged with attempted burglary on an abandoned property? Posted on August 08, 2011
My family ( myself, husband and 11 year old child) on a Sunday afternoon went into an obviously abandoned prompter, it did have a no trespassing sign, but the door to the house was wide opened and windows were all shattered out. (abandoned for at least 10 to 20 years )we were confronted with a man who said he was the property opener and he called the sheriff. The sheriff arrived, saw that we did not take anything out of the house, though we told him that we intended to go antiquing. The house was full of junk, and if we had found anything, we would have taken them for personal use. The sheriff had us open our car to prove we had taken nothing from the house, and my husband took the sheriff into the house to prove it was an abandoned house. The county prosecutor is attempting to charge us with "attempted burglary, 4th degree felony" per the prosecutor. Do we have anything to worry about. Again we did not take anything. We were intending to take knick knacks if we had found anything.
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