Asked in Criminal Law and Juvenile Law for Iowa

Q: My son is 16 n charged with 2nd degree burglary for kicking in a door while the family was asleep.

He did not enter the home. Is this still burglary??

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1 Lawyer Answer
Mr. Nicholas A. Sarcone
Mr. Nicholas A. Sarcone
Answered
  • Criminal Law Lawyer
  • West Des Moines, IA
  • Licensed in Iowa

A: This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for entry. Very interesting question which definitely lends itself to some creative lawyering.

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