Ask a Legal Question
Page 1 of 2 1 2 Last
  1. #1

    Join Date
    Dec 2009
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Questions about unlawful entry or breaking and entering

    Jurisdiction / State: California

    this morning at around 4am a person i know broke into my moms house through the doggie door and proceeded to walk into my sisters room where my sister and he friend were sleeping. My sisters friend is an ex girlfriend of the person who broke in , he hovered over the bed until they woke up and my sister had to force him out i am wondering what actions can i take legally or can i press chargers ? or what can i do please help me i am confused and want to deal with this issue asap thanks it is my moms house i do live her but wasnt home when it happened i just want to know what my mom or sister can do besides filing a restraining order also is there a way we can sue him for damages cause he ripped out the doggie door ?

    Last edited by ryankro3331; 12-06-2009 at 06:18 PM. Reason: more details

  2. jacksgal's Avatar
    Join Date
    Feb 2008
    Location
    USA
    Posts
    3,517
    Thanks
    48
    Thanked 281 Times in 281 Posts
    If your not the victim(s) or homeowner you do nothing
    For non legal parenting help go to www.parentnook.com

  3. #3
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by ryankro3331 View Post
    this morning at around 4am a person i know broke into my moms house through the doggie door and proceeded to walk into my sisters room where my sister and he friend were sleeping. My sisters friend is an ex girlfriend of the person who broke in , he hovered over the bed until they woke up and my sister had to force him out i am wondering what actions can i take legally or can i press chargers ? or what can i do please help me i am confused and want to deal with this issue asap thanks it is my moms house i do live her but wasnt home when it happened i just want to know what my mom or sister can do besides filing a restraining order
    Mom or sister can call the police and make a report for trespassing in an occupied dwelling. If he committed no other crime other than the entry, this is a misdemeanor pursuant to PC 602.5.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  4. #4

    Join Date
    Dec 2009
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    will he be arrested or detained ???

  5. #5
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    Just a misdemanor CDW?

    Seems like you could file charges against him including INTENT, that would be a felony. . . Burglury, Kidnapping, etc.

  6. #6
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    Actually, it reads like he broke in, damaging the doggie door, so It would at least be breaking and entering. . .

  7. #7
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by ryankro3331 View Post
    will he be arrested or detained ???
    Since it is a misdemeanor not committed in their presence, they cannot arrest him for this particular offense after this much time has passed. But, they can take the report, contact and interview him, and forward the matter to the District Attorney asking that charges be sought in the matter.

    In the meantime, perhaps your sister and her friend should both seek restraining orders against this guy.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  8. #8
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by raskalnikov View Post
    Just a misdemanor CDW?

    Seems like you could file charges against him including INTENT, that would be a felony. . . Burglury, Kidnapping, etc.
    Nothing was posted indicating intent. Absent mind reading, there is no way to determine WHY he broke in. And even if his intent was to cause harm, he apparently took no affirmative actions in pursuit of that. If part of a bigger picture and a series of events, it might be used as part of a stalking case, but taken by itself, this appears to be a misdemeanor.

    And in CA we do not have a "breaking and entering" offense. You might be able to add vandalism to the entry, but that just adds another misdemeanor to the mix. Burglary requires something more than staring at someone.

    602.5. (a) Every person other than a public officer or employee
    acting within the course and scope of his or her employment in
    performance of a duty imposed by law, who enters or remains in any
    noncommercial dwelling house, apartment, or other residential place
    without consent of the owner, his or her agent, or the person in
    lawful possession thereof, is guilty of a misdemeanor.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  9. #9
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    Well, California is weird in that respect, then. . .

    . . . and if it happened to me, the person would be a dead person. ..

  10. #10

    Join Date
    Dec 2009
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    now if he continues to deny it how can we pursue civil damnages for the doggie door

  11. #11
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by ryankro3331 View Post
    now if he continues to deny it how can we pursue civil damnages for the doggie door
    Your mother can take him to small claims court for the damages. She will, presumably, have witnesses in your sister and her friend.

    But, he can probably be charged for the trespassing offense as well. Usually, restitution is attached to any settlement.

    Also, they should seek a restraining order against him. What he did was freaky-scary.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  12. #12
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by raskalnikov View Post
    Well, California is weird in that respect, then. . .

    . . . and if it happened to me, the person would be a dead person. ..
    Actually, the term "breaking and entering" is often misapplied in most every state and usually entails two separate offenses as opposed to one new offense. Not all states make it a greater crime to damage something while coming inside a residence. Some might, but certainly not all.

    And even in CA there is a legal presumption that someone who enters your home in such a manner is there to cause you harm and you would be permitted to utilize reasonable force to protect yourself and your family. Had he been shot or brained with a bat, it would likely be seen by the DA as justifiable even without proof of his intent. Though, the state would likely want to be sure that he was not invited in and then bushwhacked.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

  13. #13
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    Weird Qustion, I know,

    but what kind of dog do you have? Golden Retriever? I mean, even a pug will bark. . .

  14. #14
    TheLaw Supreme Court Justice Learned Colleague

    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    1,061
    Thanks
    10
    Thanked 96 Times in 96 Posts
    Oh,

    and I hope it is a 1 year misdemeanor. . .

  15. #15
    Moderator Honorable Scholar

    Join Date
    Jul 2006
    Posts
    4,018
    Thanks
    1
    Thanked 293 Times in 287 Posts
    Quote Originally Posted by raskalnikov View Post
    Oh,

    and I hope it is a 1 year misdemeanor. . .
    One year would be the maximum term.

    I neglected to post the aggravated section which is the (b) subsection under which this would fall:

    602.5. (a) Every person other than a public officer or employee
    acting within the course and scope of his or her employment in
    performance of a duty imposed by law, who enters or remains in any
    noncommercial dwelling house, apartment, or other residential place
    without consent of the owner, his or her agent, or the person in
    lawful possession thereof, is guilty of a misdemeanor.
    (b) Every person other than a public officer or an employee acting
    within the course and scope of his employment in performance of a
    duty imposed by law, who, without the consent of the owner, his or
    her agent, or the person in lawful possession thereof, enters or
    remains in any noncommercial dwelling house, apartment, or other
    residential place while a resident, or another person authorized to
    be in the dwelling, is present at any time during the course of the
    incident is guilty of aggravated trespass punishable by imprisonment
    in a county jail for not more than one year or by a fine of not more
    than one thousand dollars ($1,000), or by both that fine and
    imprisonment.
    (c) If the court grants probation, it may order a person convicted
    of a misdemeanor under subdivision (b) to up to three years of
    supervised probation. It shall be a condition of probation that the
    person participate in counseling, as designated by the court.
    (d) If a person is convicted of a misdemeanor under subdivision
    (b), the sentencing court shall also consider issuing an order
    restraining the defendant from any contact with the victim, that may
    be valid for up to three years, as determined by the court. In
    determining the length of the restraining order, the court shall
    consider, among other factors, the seriousness of the facts before
    the court, the probability of future violations, and the safety of
    the victim and his or her immediate family.
    (e) Nothing in this section shall preclude prosecution under
    Section 459 or any other provision of law.
    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

Page 1 of 2 1 2 Last

Similar Threads

  1. Property Invasion, Damages, Trespass Breaking and entering
    By girlygirlns18 in forum Criminal Charges
    Replies: 1
    Last Post: 01-11-2009, 03:32 PM
  2. Property Invasion, Damages, Trespass breaking and entering/ california
    By sharona3 in forum Criminal Charges
    Replies: 2
    Last Post: 09-04-2008, 03:15 AM
  3. Breaking and entering during Divorce
    By btucker7587 in forum Criminal Procedure, Criminal Court
    Replies: 4
    Last Post: 04-18-2008, 09:04 PM
  4. Breaking and Entering
    By luckylucy50 in forum Criminal Procedure, Criminal Court
    Replies: 3
    Last Post: 04-07-2008, 03:40 PM
  5. urgent help bogus breaking and entering
    By ewayne2182 in forum Criminal Procedure, Criminal Court
    Replies: 3
    Last Post: 04-17-2006, 01:48 AM

Log in

Log in