If someone is caught in the act of opening the door of my property, can I sue him for burglary? 10 Answers as of March 06, 2013

Someone attempted to burglarize my property. There are possible motives for him to commit crimes inside my property. He was caught in the act at the exact point when he was breaking into my property. He opened the door, and I was in my room. I yelled. Is this burglary?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Burglary is entry with intent to commit specified crimes. Mere entry is nothing, potentially.
Answer Applies to: California
Replied: 3/6/2013
William L. Welch, III Attorney | William L. Welch, III
The prosecution has exclusive discretion whether to bring charges and what charges to bring. 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, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 3/6/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I would say that, having entered the property, could be charged as a burglary, as he was inside the premises. If he was outside and playing with a window or lock to get in when caught, that would be an attempt burglary.
Answer Applies to: Illinois
Replied: 3/5/2013
William A. Siebert
William A. Siebert | William A. Siebert
When he opened the door with intent to commit a crime, he completed a burglary.
Answer Applies to: Michigan
Replied: 3/5/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes.
Answer Applies to: Georgia
Replied: 3/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, depending on the discretion of the prosecutor.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    Jeff Holmes - Attorney at Law | Jeff Holmes
    It depends on whether the State can prove the suspect entered or remained within the residence with the intent to commit a crime against a person or property therein. Otherwise it would likely be a simple Criminal Trespass in the first degree.
    Answer Applies to: Washington
    Replied: 3/4/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer. It is up to the prosecuting attorney to decide what charges to file. You should hire an attorney and disclose all the facts and circumstances to see if should talk to the prosecutor about increasing the charge .
    Answer Applies to: New York
    Replied: 3/4/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    A burglary is a breaking/entering of a building with the intent to commit larceny or any felony therein. Once a person "breaks and enters" the burglary is complete (i.e., it is not an attempt, it's just a burglary). It does not matter whether the burglar successfully steals anything or completes their criminal objectives. It does not matter how long they were inside the building or how much of their body entered the building.
    Answer Applies to: California
    Replied: 3/4/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Since the State bears the burden of proof, they must prove every element of the crime beyond a reasonable doubt, including intent to commit a crime. "Possible motives" doesn't sound like it will be enough to sustain a conviction.
    Answer Applies to: New York
    Replied: 3/4/2013
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