Q: My boyfriend is charged with burglary 1 assault4 miscellaneous miss shift interfering with the unlawful imprisonment.
So my questions to you are why would he be getting charged with the burg and is there any thing I can do to get the charges lowered offer dropped and what should I do cause her didn't burg me or my home we got in to a argue meant it for loud he took my phone broke it so I told him to leave well it escalated and I hit him not him hit me
A:
A burglary is entering or remaining unlawfully with the intent to commit a crime against a person or property therein. So, if someone enters a house unlawfully (for example without permission) with the intent to commit a crime they are guilty of a burglary. If someone enters lawfully, but then remains unlawfully (exceeds the scope of the original invitation or permission) with the intent to commit a crime, they can be guilty of a burglary.
If your boyfriend is charged with a fourth degree assault, the police believe he assaulted you.
If a person commits a burglary, as discussed above, and assaults someone during the burglary or running from it, that elevates the burglary to a first degree burglary.
From your facts, if it is proven the boyfriend remained unlawfully and assaulted you - that is first degree burglary. If it is proven that he remained unlawfully and only broke your phone, that is residential burglary. Unlawful entry or remaining seems to be the issue in your case. His attorney will discuss all of these issues with him.
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