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  1. #1
    Join Date
    Jun 2012
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    1

    Default Breaking and Entering a Bank After Hours

    My question involves criminal law for the state of: My son is 24 and mentally ill. He went to a bank to activate his ATM card so he could withdraw cash applied to card to buy food because he was hungry. He was unable to activate the card, got extremely agitated and with poor impulse control kicked the door which broke the glass. He states he started to walk away at that point and then returned to enter the bank thinking that he could find cash. He then looked around and decided to leave without taking anything. He was later seen on video surveillance and was shortly arrested a few blocks away. He has been charged with attempted felony burglary. My question is, is the charge automatically a felony since it is a bank? And since he broke the door without intent, although later removed more glass to enter, does that have an impact on the charges?
    Thanks for any information you may have in this matter.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    14,807

    Default Re: Breaking and Entering a Bank After Hours

    As banks don't just leave cash laying around unsecured in drawers, it makes sense he took nothing. To bad he wasn't smart enough to realize that beforehand. It sounds like he actually broke the glass, walked away and then came back, when an audible alarm did not sound, because he is more than a few crayons short of a full box.
    Teach a man to fish, you feed an entire village. Give a man a fish, the village starts demanding free fish. Then they have three children who all start families and demand free fish as their right.

  3. #3

    Default Re: Breaking and Entering a Bank After Hours

    Quote Quoting vkey2sing
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    My question involves criminal law for the state of:
    Knowing your state allows us to apply the correct statute. You didn't tell us your son's state, so the following is generalized....


    My son is 24 and mentally ill. He went to a bank to activate his ATM card so he could withdraw cash applied to card to buy food because he was hungry. He was unable to activate the card, got extremely agitated and with poor impulse control kicked the door which broke the glass.
    At that point, he might have been able to stay at misdemeanor level - perhaps along the lines of criminal vandalism, destruction of property, etc. depending on the wording of the appropriate state's statutes....however....


    He states he started to walk away at that point and then returned to enter the bank thinking that he could find cash.
    Entry made it a done deal of a felony burglary charge, whether it was a bank, a grocery store, etc.


    He then looked around and decided to leave without taking anything.
    In most states, the breaking (of the imaginary plane of the perimeter of the bank, not the actual physical breaking of the glass itself), and entry is enough for the burglary charge. Entering in most states comes WITH intent, and he was looking for money, so there IS specific intent if the statute requires it for the charge.

    And since he broke the door without intent, although later removed more glass to enter, does that have an impact on the charges?
    The breaking of the door escalated to the higher charge once he made the decision to enter rather than walk away.

    Your son needs an attorney BADLY. And he needs to speak to ONLY his attorney about what happened. Anyone ELSE that he tells about the incident could potentially be called as a witness against him.
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  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Breaking and Entering a Bank After Hours

    Aside from needing an attorney.....your son needs psychological help. Sorry, but those doors are not that easy to kick in without a lot of violent force. I would be concerned about a person who angers him, etc. He needs help and professional supervision.

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