Cincinnati, OH asked in Criminal Law, Civil Litigation and Real Estate Law for Indiana

Q: Can boyfriend be charged for cutting trees on family property?

I live with my boyfriend on a property where I've resided for 35 years. Recently, my boyfriend, who moved in with me 4 years ago, cut down some trees on our property and the adjoining property owned by my late husband's family, used for firewood and potential sale. Although he's never been told he's not allowed on the property and no complaints were made prior, my boyfriend was charged with felony theft, criminal trespassing, and criminal damage after cutting the trees. Can he rightfully be charged with these offenses?

2 Lawyer Answers
Anthony M. Avery
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A: Boyfriend can be charged. You will want to ascertain your exact boundary lines, and BF needs a criminal attorney in IN now. This is a public forum, so be quiet about it.

James L. Arrasmith
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A: It sounds like a difficult situation, especially since there seems to be some confusion about property rights and permissions. In general, cutting trees on someone else's property without permission can lead to serious legal consequences, even if no one directly told your boyfriend that he couldn’t do it. While you may live on the property and have been there for a long time, your boyfriend may not have had the right to cut down trees on the adjacent property owned by your late husband’s family.

Felony theft charges could apply if the trees were seen as valuable property and if your boyfriend intended to sell the wood for personal gain. Criminal trespassing may be charged if he entered land without permission or exceeded the boundaries of where he was allowed to be. Criminal damage to property might also apply if the cutting caused damage to the trees or surrounding land.

Given the seriousness of the charges, it would be important to carefully review the ownership of both properties and any permissions granted for the use of the land. It might help to speak with a legal professional who can assess whether the charges are valid and if there’s any defense for your boyfriend. It’s possible there are mitigating factors, such as misunderstanding the boundaries or lack of clear communication, that could affect the case.

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