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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.