Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.
She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their home to take a gas tank, is confronted by their son who shouts at her to, “get out of here.” She picks up a lightweight rake from the floor, brandishes it towards him, backs out of the garage, jumps into her truck, and speeds away. The following day, she is arrested and charged with burglary.
What are the chances she will be found guilty of burglary in the 1st degree or 2nd degree OR any other crime
A:
more info needed.
not only can she be charged with burglary but assault with a deadly weapon if the facts warrant it.
was she working for them at the time and is NOW a former employee or was she a former employee BEFORE the incident.
her sentence will be influenced by a number of factors: what court, judge and DA?
any record? for what?
what is the attitude of the owner of the home? do they want prosecution?
A:
A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to ask permission, explain, or leave it when confronted by a family member.
A defense attorney might question where the lawnmower and gas were located. A detached garage or other shed may not be part of the curtilage
of the residence to qualify for 1st degree, which is a serious 'strike' felony, as opposed to 2nd degree or grand theft.
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