Accused of Burglary After Breaking Into Ex-Wife's House to Protect Her

My question involves criminal law for the state of: South Carolina

Ex wife claims that new boyfriend is beating her and threatening her, I go to help her because I thought she was being beaten up inside his house I broke down the door and then she calls the cops and says I broke in and did alot of damage to the house which isn't true. I was charged with 1st degree burglary because I tried to help her. What are my chances of having the charges reduced?

Oh, honey. Slim to none. You need a lawyer, and you need one YESTERDAY.

You don't go busting down people's doors just because someone claims they're being abused. That's what the POLICE are for.

On a police report that I got the charges are listed as 1st degree Burglary, Damage to personal property. Then it has charges listed on the next page that say criminal domestic violence and then simple assault. Went to court for the criminal domestic violence and got found guilty of simple assault and battery. Does this mean that I will be found guilty of either Burglary or Damage to personal property, if I get found guilty at all. Phrasing it in a different way, are the two charges above going to be the ones that the jury gets to deliberate as to whether I am guilty or not, in other words do they have a choice between the two or not guilty.

The jury will have the following choices:
- Guilty on A, not on B
- Guilty on B, not on A
- Guilty on both
- Not guilty on both
- Guilty on A, hung on B
- Guilty on B, hung on A
- Not guilty on A, hung on B
- Not guilty on B, hung on A
- Hung on both

I think that's all of them. But to put it more simply, they will be able to consider your guilt or innocence on both charges. The burglary is for entering the house without permission, the criminal damage is for busting down the door and whatever other damages are alleged.

Like Missy said...you need an attorney if you don't already have one from the first set of charges.

Let me understand this....

You go to your ex's house and break down the door.

She calls the police.

You say that she called you to say she was being beaten.

She did not call the police. She called you. This is despite the fact she has no trouble calling the police on YOU.

You did not call the police. You just went to her home and broke down the door. How far away do you live? Unless the answer is "next door", you are going to have to explain to a court of law why you thought you getting there later was better for your ex (if she made the call at all) than calling the police that would get there sooner.

If true, you either have a superman complex or just wanted a reason to kick her boyfriend's butt.

Me, I think this reeks of the southbound end of a northbound horse. You went over, broke down her door and now are coming up with this mysterious beating - which I am betting there is ZERO evidence of - as a very thin excuse.

Try again. What is your NEXT story you want to try out?



EDIT: Missed the part where you are already convicted of domestic battery. Yeah, you don't have a kleenex's chance in a blast furnace. I am guessing the first judge laughed at your story?

CyJeff what have you been drinking? I asked a question about a situation I am in and what you wrote is gibberish. Yes, I will admit that what I did was probably the stupidest thing I have ever done in my life but I really don't need you to tell me that. I also don't need you to tell me I am a liar. I know that I should have just stayed out of my ex-wife's domestic affairs but when someone calls needing your help sometimes you do not take the time to think, you just act. At this moment I wish I would have just told her to call the cops and stayed out of it.

I am also feeling kind of set up by my ex-wife because I went to help her and then she turns on me by calling the cops. If I would have thought about that I would have never tried to help her out. My problem is that I may pay for it with the rest of my life. The penalty here in SC for 1st degree Burglary is 15 years to life. I don't feel like I deserve, if found guilty, to be put in jail that long for breaking down a door. Not to mention that the boyfriend has an extensive record ranging from criminal domestic violence to assault and battery of a high and aggravated nature to receiving stolen goods to possession of schedule I, II, and III drugs with the intent to distribute. So yes I thought my ex-wife was in real danger and I went to help. Stupid yes and if I had it to do all over again I would just dial 911.

What motive would she have for setting you up?

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My problem is that I may pay for it with the rest of my life.

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This is what LAWYERS are for.

Did you get one, like I told you to? Or did you choose to ignore the only advice that might give you a fighting chance?

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CyJeff what have you been drinking? I asked a question about a situation I am in and what you wrote is gibberish. Yes, I will admit that what I did was probably the stupidest thing I have ever done in my life but I really don't need you to tell me that. I also don't need you to tell me I am a liar. I know that I should have just stayed out of my ex-wife's domestic affairs but when someone calls needing your help sometimes you do not take the time to think, you just act. At this moment I wish I would have just told her to call the cops and stayed out of it.

I am also feeling kind of set up by my ex-wife because I went to help her and then she turns on me by calling the cops. If I would have thought about that I would have never tried to help her out. My problem is that I may pay for it with the rest of my life. The penalty here in SC for 1st degree Burglary is 15 years to life. I don't feel like I deserve, if found guilty, to be put in jail that long for breaking down a door. Not to mention that the boyfriend has an extensive record ranging from criminal domestic violence to assault and battery of a high and aggravated nature to receiving stolen goods to possession of schedule I, II, and III drugs with the intent to distribute. So yes I thought my ex-wife was in real danger and I went to help. Stupid yes and if I had it to do all over again I would just dial 911.

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Fine...

If I kicked in YOUR door, how long would you want me to go to jail?

6 months to a year seeing as nothing was hurt except for a door and a TV. There was less than a $1,000 worth of damage. In most states that would be a damage to personal property charge with up to a year in jail being the punishment. No one was in the building when I broke the door in. I am assuming that the ex told her boyfriend I was coming and he ran. I mean I am not claiming I didn't do anything I just want the punishment to fit the crime. As far as a motive, not sure. She says that she paniced and called the cops so that her boyfriend wouldn't be mad about it. I have a Public Defender and he doesn't seem to interested in giving me much information on what is going on with the case.