Property Invasion, Damages, Trespass Questions about unlawful entry or breaking and entering

Discussion in 'Criminal Charges' started by ryankro3331, Dec 6, 2009.

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  1. ryankro3331

    ryankro3331 New Member

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    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: Dec 6, 2009
  2. jacksgal

    jacksgal Super Moderator

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    If your not the victim(s) or homeowner you do nothing
     
  3. CdwJava

    CdwJava Moderator

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    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.
     
  4. ryankro3331

    ryankro3331 New Member

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    will he be arrested or detained ???
     
  5. raskalnikov

    raskalnikov New Member

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    Just a misdemanor CDW?

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

    raskalnikov New Member

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    Actually, it reads like he broke in, damaging the doggie door, so It would at least be breaking and entering. . .
     
  7. CdwJava

    CdwJava Moderator

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    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.
     
  8. CdwJava

    CdwJava Moderator

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    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.
     
  9. raskalnikov

    raskalnikov New Member

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    Well, California is weird in that respect, then. . .

    . . . and if it happened to me, the person would be a dead person. ..
     
  10. ryankro3331

    ryankro3331 New Member

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    now if he continues to deny it how can we pursue civil damnages for the doggie door
     
  11. CdwJava

    CdwJava Moderator

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    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.
     
  12. CdwJava

    CdwJava Moderator

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    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.
     
  13. raskalnikov

    raskalnikov New Member

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    Weird Qustion, I know,

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

    raskalnikov New Member

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    Oh,

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

    CdwJava Moderator

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    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.​
     
  16. ryankro3331

    ryankro3331 New Member

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    we have three small dogs the biggest bein a terrier that weighs about 25 to 30 lbs and is no more than 22 ft. tall , and my mom said she did here the dogs bark but figured it was my sister since he and 3 of her friends were there but only my sister and the guys ex g/f saw him cause he came into her room . now of course if i take some psychical action towards him i can get in trouble right ? or can i break into his house late and night and stand over his bed and then leave and not get in trouble right ?
     
  17. ryankro3331

    ryankro3331 New Member

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    also if they pursue a restraining order what r the chances of them aactually getting it cause im pretty sure they dont just hand them out u have to have resonable proof that they need a restraining order right ? like physical proof
     
  18. CdwJava

    CdwJava Moderator

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    Yes. We call that the crime of battery in California.

    Who said he was not going to get in trouble? I said he would not be arrested right away because the law says he cannot. If the DA presses charges he could be charged, arrested, tried, and convicted for up to a year in jail just for the trespassing in the occupied dwelling offense alone!

    If you break in to HIS house, and he brains you with a bat or shoots you, you'll be injured or dead AND potentially face criminal charges. This would be a very dumb thing to do.

    If your mom, sister, or sister's friend want to make a point, they can all get restraining orders against him. That way, if he ever does it again, he can go to jail. And for the ex-girlfriend, hers would be a domestic violence order which can allow the police to arrest based upon probable cause even if he was gone when they got there.

    They do not need physical proof, only sufficient proof to convince a judge. With both their statements, a police report and investigation, damage to the doggy door, and - with luck - his own admission to being there, a restrainin order should be rather easy. If he denies being present and there is no proof of the entry aside from the broken doggy door and the statements of two people that might have a beef against him, then a judge might not be compelled to issue the order. but, they will not know if they do not try. And, chances are, that if he broke into your house and into your sister's room just to get a glimpse of his ex-girlfriend, he has done some weird stuff before that can add to the affidavit.

    If any of the involved girls are minors, that will help, too.

    But, YOU do not have standing to do anything here. From what you wrote, the house belongs to mom so she is a victim and your sister and her friend (the ex-girlfriend) are witnesses.
     
  19. tpajet

    tpajet New Member

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    So let me see if I understand this right - in CA someone can break into a house and as long as they don't steal anything or hurt anyone, it's not a felony???

    Glad I live in Florida where A- it IS a felony and B- I have the legal right to shoot the intruder based only on the fact they are standing in my home, with no fear of prosecution.
     
    Last edited: Dec 7, 2009
  20. raskalnikov

    raskalnikov New Member

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    tpajet,

    I agree with you! I reserve the right to shoot someone in the face who breaks and enters into my home. . .
     
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