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rockyandbear · Nov 23, 2009, 11:21 AM

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.

SmellyDogsMom · Nov 23, 2009, 01:04 PM

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!

excon · Nov 23, 2009, 01:11 PM

Originally Posted by rockyandbear

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

stevetcg · Nov 23, 2009, 01:21 PM

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.

rockyandbear · Nov 23, 2009, 01:24 PM

Originally Posted by SmellyDogsMom

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.

rockyandbear · Nov 23, 2009, 01:26 PM

Originally Posted by excon

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.

stevetcg · Nov 23, 2009, 01:28 PM

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?

excon · Nov 23, 2009, 01:31 PM

Originally Posted by rockyandbear

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

rockyandbear · Nov 23, 2009, 01:34 PM

Originally Posted by stevetcg

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.

rockyandbear · Nov 23, 2009, 01:38 PM

Originally Posted by excon

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.

stevetcg · Nov 23, 2009, 01:39 PM

Originally Posted by rockyandbear

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.

stevetcg · Nov 23, 2009, 01:42 PM

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.

justcurious55 · Nov 23, 2009, 01:43 PM

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.

rockyandbear · Nov 23, 2009, 01:48 PM

Originally Posted by stevetcg

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.

rockyandbear · Nov 23, 2009, 01:51 PM

Originally Posted by justcurious55

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.

stevetcg · Nov 23, 2009, 01:52 PM

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.

stevetcg · Nov 23, 2009, 01:54 PM

Originally Posted by rockyandbear

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.

rockyandbear · Nov 23, 2009, 01:54 PM

Originally Posted by stevetcg

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.

stevetcg · Nov 23, 2009, 01:57 PM

Originally Posted by rockyandbear

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.

rockyandbear · Nov 23, 2009, 02:02 PM

Originally Posted by stevetcg

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.