My 17 y/o son was arrested for burg of a hab. I don't believe he meets the criteria for the charge. Long story short, he found out his girlfriend and one of his guy friends were alone at her apt. He attempted to text and call them and neither would answer. He drove to her apt and noticed her mother's car was not there and that the 2 were in deed alone. He called them again but the still would not answer. Thoughts of what was going on took over and he knocked on the door a couple of times but they would not open the door. This made him more upset and he was able to force the door open by ramming his shoulder into it. He went in and words were exchanged. He did not hit or threaten either of them and he attempted to leave. The guy was able to keep him from closing the car door and would not let him leave. He wanted to make sure my son understood nothing was going on. Neither his "friend" or girlfriend called the police or felt they were in any danger. About 10-15 minutes after he made his way into the apt, the neighbor called the police and they arrested my son for burg of a hab and took him to jail. This broke my heart. My son is a good kid and I am grateful he did not lay a hand on either one of them. We all know that took a lot of self control. Just imagining what was going on in the apt and why they didn't answer the phone is enough to drive one crazy. He did not hurt anyone or steal anything. I don't understand the charge. Is there anyway the charges can be dropped. The girlfriend, her mother and the boy involved do not want to file charges. My son is graduating this year and plans to play baseball in college and become a baseball coach in the future. I can not imagine this ruining his future.. Any information will be very helpful.

The elements of burglary are statute specific. What state are you in?

In my jurisdiction, a Burglary II is unlawfully entering or remaining in a dwelling with the intent to commit a crime. Technically, if the door or framing was damaged upon entry that cold meet the element of "intent to commit a crime." The facts, arguably, could also be considered criminal trespassing.

Good luck!

This made him more upset and he was able to force the door open by ramming his shoulder into it. He went in... Hello rocky:

The above describes the charge of burglary. If he would have hurt somebody there would have been another charge.

excon

There is a way the charges can be dropped, of court. Get him a decent lawyer. If the homeowner doesn't want to press charges that will make it easier.

The elements of burglary are statute specific. What state are you in?

In my jurisdiction, a Burglary II is unlawfully entering or remaining in a dwelling with the intent to commit a crime. Technically, if the door or framing was damaged upon entry that cold meet the element of "intent to commit a crime." The facts, arguably, could also be considered criminal trespassing.

Good luck!!

We live in Texas.

Hello rocky:

The above describes the charge of burglary. If he would have hurt somebody there would have been another charge.

excon

I understand that. However, I don't understand how that could be a felony. He did not have intent on harming anyone or stealing anything. The owner of the property and the girlfriend do not wish to file charges or go to court. It just doesn't seem fair that his life could be ruined over this. He is truly a good kid. I have never had any trouble with him.

He broke into a house where his girlfriend and another guy were hiding. SOunds a lot like intent to me... and if it sounds like it to me, it will sound like it to a jury.

If he didn't have intent, why did he feel the need to break the door down?

He did not have intent on harming anyone or stealing anything. It just doesn't seem fair that his life could be ruined over this. He is truly a good kid. I have never had any trouble with him.Hello again, rocky:

Those are great arguments to use at his sentencing. The cops don't care about that, though. They care about him breaking the door down and entering where he wasn't invited..

Look, I'm not arguing with you. I'm sure he's a good kid. Hire a good lawyer for him.

excon

He broke into a house where his girlfriend and another guy were hiding. SOunds a lot like intent to me... and if it sounds like it to me, it will sound like it to a jury.

If he didnt have intent, why did he feel the need to break the door down?

I think anyone in his position would have done the same thing. I guess he felt they were fooling around. He wanted to know what was going on. Come on, you can't tell me you would not have been upset or curious if you were in this situation. He had been calling and texting both of them and neither would answer. They wouldn't answer the door and he knew they were both there. I think if they felt they were in danger they would have called the police or gone out the back door. Every person and friend of his we have spoken with say they would have beat the guy up. My son had no intention of hurting either one of them. Neither one of them called the police. Neither one of them filed charges on him.

Hello again, rocky:

Those are great arguments to use at his sentencing. The cops don't care about that, though. They care about him breaking the door down and entering where he wasn't invited..

Look, I'm not arguing with you. I'm sure he's a good kid. Hire a good lawyer for him.

excon

I have hired a good criminal lawyer for him. It is a very difficult situation for us. No one in my family has ever been in any trouble. This world is full of bad people, who have done horrible things. My son did force the door open, I just don't see how that would categorize him as a felon. Especially when neither one of the parties involved felt they were in danger and didn't want to file charges. He is my kid and I don't want a mistake to ruin the rest of his life.

I think anyone in his position would have done the same thing. I guess he felt they were fooling around. He wanted to know what was going on. Come on, you can't tell me you would not have been upset or curious if you were in this situation. He had been calling and texting both of them and neither would answer. They wouldn't answer the door and he knew they were both there. I think if they felt they were in danger they would have called the police or gone out the back door. Every person and friend of his we have spoken with say they would have beat the guy up. My son had no intention of hurting either one of them. Neither one of them called the police. Neither one of them filed charges on him.

All excellent points that your lawyer should bring up to the ADA during the court process.

Its hard to prove or disprove intent. Breaking down a down can be considered intent even if it was never carried out. If they wanted him to come inside they would have opened the door.

And regardless what anyone in his position MIGHT do, this is about what he DID do and what he did do was break the law. His girlfriend is not his property and she is allowed to do whatever... and whomever she chooses. And has the right to expect that her privacy and home not be violated by your kid. I believe you when you say he is a good kid... but in this case he still committed a felony. He needs a lawyer.

And by the way, not EVERY other person would have beaten the guy up. I came home from work early one day to a chained door which I broke to find my WIFE and a good friend of mine having sex on the floor. No one got beat up. Or threatened.

So, what was your son's intent when he forced his way in? I would have been curious too if I'd been in his shoes. But don't you see that forcing your way into someone else's home because you're curious crosses a line? In this case, a very big legal line.

Follow the others advice, get him a good lawyer.

And by the way, not EVERY other person would have beaten the guy up. I came home from work early one day to a chained door which I broke to find my WIFE and a good friend of mine having sex on the floor. No one got beat up. Or threatened.

Were you arrested? If so, what were the charges? I know not everyone would have hurt them. I can just imagine the anger he had. I guess what I mean is that I would understand the felony charge if he had hurt either one of them. I just pray that there is a lesser charge or a dismissal.

so, what was your son's intent when he forced his way in? i would have been curious too if i'd been in his shoes. but don't you see that forcing your way into someone else's home because you're curious crosses a line? in this case, a very big legal line.

follow the others advice, get him a good lawyer.

I do know that him forcing his way in was crossing the line. But a felony. Murderers, rapists, child molesteres, thieves, abusers, drunk drivers... etc. That is what I would consider a felon. I do not want my son to go to prison.

No, I wasn't arrested. No one broke any laws. I was legally entering my own home.

The charge is what it is. Just because he is charged does not mean he will be convicted. No one seems interested in him going to jail and that usually means neither will the DA. But he might anyway.

Hence the reason he needs a lawyer. I doubt any felony charge will stick... but its not something you want to risk.

I do know that him forcing his way in was crossing the line. But a felony. Murderers, rapists, child molesteres, theives, abusers, drunk drivers...etc. That is what I would consider a felon. I do not want my son to go to prison.

You need to take a step back and look at this from NOT a mother's perspective. You keep using terms like think and I would consider. The law is not about interpretation - its concrete. And there are degrees of felony.

And please consider this too... turn on the evening news tonight and see how close your son's situation was to being a double homicide news story.

All excellent points that your lawyer should bring up to the ADA during the court process.

Its hard to prove or disprove intent. Breaking down a down can be considered intent even if it was never carried out. If they wanted him to come inside they would have opened the door.

And regardless what anyone in his position MIGHT do, this is about what he DID do and what he did do was break the law. His girlfriend is not his property and she is allowed to do whatever... and whomever she chooses. And has the right to expect that her privacy and home not be violated by your kid. I believe you when you say he is a good kid... but in this case he still committed a felony. He needs a lawyer.

Thanks for all your advise. I pray that the attorney's I have hired will help clear my son from this situation.

Thanks for all your advise. I pray that the attorney's I have hired will help clear my son from this situation.

Im sure it will turn out fine. There is enough real crime around to keep everyone busy. Im just talking to you to try to get you to understand that this IS a real crime and dangerously close to being VERY serious.

Its hard looking at it as a parent because your kids walk on water. I know mine do. Just try to be objective. That doesn't mean you love or support him any less... but approaching it from a neutral standpoint will better help you provide him what he needs - which is support and understanding of the ACTUAL situation.

You need to take a step back and look at this from NOT a mother's perspective. You keep using terms like think and i would consider. The law is not about interpretation - its concrete. And there are degrees of felony.

And please consider this too... turn on the evening news tonight and see how close your son's situation was to being a double homicide news story.

Wow! I know my son and how we have raised him. He has never laid a hand on her. She however has. I have taught my boys never to hit a woman, regardless of the situation. This relationship has been going on since they were 12. There is no way this could have turned into a double homicide news story. If he had any of those intentions, he would have done something to them when he went in. He didn't. They both went with him outside. He would have left, but his friend would not let him because he did not want their friendship to end. The neighbor called about 10 minutes after the fact. I am a survivor of family violence from a previous marriage and I do not condone such behavior from my kids.

Im sure it will turn out fine. There is enough real crime around to keep everyone busy. Im just talking to you to try to get you to understand that this IS a real crime and dangerously close to being VERY serious.

Its hard looking at it as a parent because your kids walk on water. I know mine do. Just try to be objective. That doesnt mean you love or support him any less... but approaching it from a neutral standpoint will better help you provide him what he needs - which is support and understanding of the ACTUAL situation.

I know my children are not perfect. It doesn't matter how many times we repeat ourselves to them or how much we drill them with information and advise, they will do what they want. He did tell me that once he noticed the door had opened he had done wrong. I have told him so many times to stay away from her because she has done so much to ruin his life and future. However, he keeps going back. I truly hope this was an eye opener for him. I want him to be an advocate to other teenagers about bad relationships, jealousy and anger. He is very aware that what he did was wrong. And I will remind him for the rest of his life of what he did.

I think that he needs a good lawyer, and a new girlfriend. And NOT this:

"And I will remind him for the rest of his life of what he did."

He already KNOWS what he did was wrong, no sense in beating him up for it.

I believe you when you say that he is a good kid, but he needs to stay away from this girl.

She will continue to get him in "bad situations".

Wow!! I know my son and how we have raised him. He has never laid a hand on her. She however has. I have taught my boys never to hit a woman, regardless of the situation. This relationship has been going on since they were 12. There is no way this could have turned into a double homicide news story. If he had any of those intentions, he would have done something to them when he went in. He didn't. They both went with him outside. He would have left, but his friend would not let him because he did not want their friendship to end. The neighbor called about 10 minutes after the fact. I am a survivor of family violence from a previous marriage and I do not condone such behavior from my kids.

I get that and I'm not saying this is the situation here. But the cops and the DA don't know your son any more than I do and I'm saying that that day COULD have ended very differently.

Just remember that the charges are being handled by someone that doesn't know your son is a good kid.

I think that he needs a good lawyer, and a new girlfriend. And NOT this:

"And I will remind him for the rest of his life of what he did."

He already KNOWS what he did was wrong, no sense in beating him up for it.

I believe you when you say that he is a good kid, but he needs to stay away from this girl.

She will continue to get him in "bad situations".

You are correct. I have prayed for him to just let go. I know that if he continues to see her or talk to her she will continue to get him into bad situations. I hope that this will take care of that and that he has learned his lesson and that she is no good for him.

I get that and im not saying this is the situation here. But the cops and the DA dont know your son any more than I do and im saying that that day COULD have ended very differently.

Just remember that the charges are being handled by someone that doesnt know your son is a good kid.

I completely understand. That is what scares me. They do not know my son. It is the worst feeling in the world when your child's life is in someone else's hands.

I completely understand. That is what scares me. They do not know my son. It is the worst feeling in the world when your childs life is in someone else's hands.

Let me try to put this in perspective... at least we're advising you to get him a lawyer because his future might be affected instead of getting a doctor because his life might be in jeopardy.

Worst case, he gets a minor felony charge on his record. Does some probation, maybe forced to take a class on anger management and his life goes on generally unharmed. His life is not in jeopardy - he isn't facing execution. Its about as minor a felony as can be charged and honestly, the chances of this ending up being more than a slap on a wrist and some legal bills are not great.

It probably doesn't make you feel any better, but I know what its like to put my child's life in someone else's hand. I would have given anything for it to have been a lawyer and not a doctor.

Headaches are in your and his future, no doubt, but in the end, everyone will be fine.

(as was my child)

Let me try to put this in perspective... at least we're advising you to get him a lawyer because his future might be affected instead of getting a doctor because his life might be in jeopardy.

Worst case, he gets a minor felony charge on his record. Does some probation, maybe forced to take a class on anger management and his life goes on generally unharmed. His life is not in jeopardy - he isnt facing execution. Its about as minor a felony as can be charged and honestly, the chances of this ending up being more than a slap on a wrist and some legal bills are not great.

It probably doesnt make you feel any better, but I know what its like to put my child's life in someone elses hand. I would have given anything for it to have been a lawyer and not a doctor.

Headaches are in your and his future, no doubt, but in the end, everyone will be fine.

(as was my child)

Thank you so much for "listening" I am such a mess right now. We meet with the attorney's tomorrow. Please keep him in your prayers.

Thank you so much for "listening" I am such a mess right now. We meet with the attorney's tomorrow. Please keep him in your prayers.

Absolutely. If you get a chance, stop back in and let us know how the meeting goes. And try not to stress yourself out too much... the absolute worst case really isn't that bad in the big scheme of life. And things like this rarely are worst case.

Absolutely. If you get a chance, stop back in and let us know how the meeting goes. And try not to stress yourself out too much... the absolute worst case really isnt that bad in the big scheme of life. And things like this rarely are worst case.

Thank you!

We live in Texas.

Texas law: Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or.. .

Then it goes on to list other types of burglaries. I think that under Teas law there was probable cause to arrest for the burglary, but not proof beyond a reasonable doubt that he entered to commit a felony or an assault. (Hopefully he didn't say any thing about kicking anyone's hiney before he entered). The prosecutor will prob. Offer a leeser offense.

I will follow up, I know in GA at least for the arrests I made, unless there was proof of a theft, the charge was changed normally to trespassing and criminal damage to property

So remember he is not scotch free, he did break in and no matter what happens, there is a crime here and it still can be a felony.

Also sorry but remember a judge or jury will not be people who know him either, so they will look at what they think his frame of mind would be,

A person who was so mad he would break a door in, most would think he was planning on some other assult when he got in, Remember he does not have to actually do it, to have thought about it.

And sorry I will be rude here, a good kid does not break a door down, they go home, and talk to the people latter or finds a new girl friend.