Q: Can someone be rightfully charged with burglary 1st at the same address he lives at?
If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't have power or water ran to it just yet?
A: An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the totality of circumstances a burglary defendant had custody and control of, and the right and expectation to be safe and secure in, the dwelling that was allegedly burglarized.
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