My question involves criminal law for the state of: Ohio
I was at a party and got a little drunk and walked away from the house i was at, after walking around for awhile i thought i passed out. Come to findout, after waking up in a jail cell, I had walked into a mans home and woke him up. I was really drunk so i would imagine that I was very loud when I entered his house. Now when i did this i did not force my way in and i did not attempt to steal anything according to the reports that i recieved. So I thought that at most I would be recieving a Trespassing charge of some sorts, but I was charged with burgulary. My question is a Burgulary charge the right charge for me to be recieving, and if not what should i do?
Burglary or Trespassing
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11-18-2008, 02:27 PMkrmasonBurglary or Trespassing
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11-18-2008, 02:30 PMcyjeffRe: Burgulary or Trespassing
google "breaking and entering".
You don't have to successfully steal anything to be charged with burglary. The attempt is enough. -
11-18-2008, 03:30 PMaardvarcRe: Burgulary or Trespassing
Once you break the plane of the residence, it's burglary, even if you never touch anything inside the house. The fact that some part of you or a tool in your possession broke that barrier is what constitutes burglary. Just like if you reach inside an open car window - that constitutes burglary to a conveyance - again even if was an unfruitful action (you didn't actually get anything). Burglary doesn't require force (usually force would "up" the charge to home invasion).
Be thankful that the homeowner didn't blow you to Kingdom Come (heck, we've had 4 such incidents this year where I am and the score to date is homeowners: 4, drunk persons staggering into homes that aren't theirs who ended up shot: 4, dead ones: 3) and learn to either drink where you're not going to put your life at risk, or learn to quit before your judgement becomes impaired to that level. -
11-19-2008, 04:18 AMBORRe: Burgulary or TrespassingTo determine the proper charge you need to go right to the source:Quote:
Quoting krmason
I am assuming you were charged under A 4 (were you), since you had NO intent to steal per the other sections. Intoxication is generally not a defense, but if proven you were that, your defense attorney can navigate with it?
(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.
http://codes.ohio.gov/orc/2911.12
As you see your "trespass" element is there, but so is the other element of entering a residence. -
11-19-2008, 05:34 AMcyjeffRe: Burglary or Trespassing
Let's not forget that the OP doesn't remember even being there.
Saying he had no intention of stealing is a huge leap of faith.... after all, he also said he would normally have had no intention of breaking into a home either.
I am not saying the OP was or wasn't stealing... I am just saying that he may not be the best source of that data. -
11-19-2008, 05:38 AMBORRe: Burglary or TrespassingQuote:
Quoting cyjeff
That's why I want to know if he was charged under A 4 or not? -
11-20-2008, 11:36 AMkrmasonRe: Burglary or Trespassing
they did charge me with a F4.
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11-20-2008, 01:33 PMBORRe: Burglary or TrespassingQuote:
Quoting krmason
Then you were charged under A 4 as it is the only 4th degree felony listed:
(C) Whoever violates this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree. A violation of division (A)(4) of this section is a felony of the fourth degree.