sand12051210
Mar 21, 2009, 02:38 PM
I had someone beak into my house thou my window. I had to fight him off until he left the house. I called the police and they told me that it would just be a trespassing charge pressed againt him which is a misdemeanor. Is that breaking a entering which is a felony
Fr_Chuck
Mar 21, 2009, 04:41 PM
It may be either depends on what the DA wants to press and/or what sort of plea the person decides to file.
Was the window open and unlocked, did they break the lock, or break the window.
And actually you can be charged in many states if that person did not have a weapon, you can not use force to merely protect property, unless you can prove you life was in danger.
So while I see this as wrong, in many states, with the right liberal judge, you could be charged with a felony assult and them plead out to a misdemeanor tresspassing.
And no I am not joking