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