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Residential Burglary and Assault with a Deadly Weapon

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  • 05-06-2009, 12:19 AM
    roxie_g93
    Residential Burglary and Assault with a Deadly Weapon
    My question involves criminal law for the state of: California

    My boyfriend broke into a guy's house - someone that I was involved with in the past. He went over because he wanted to talk to him. He refused to open the door. My boyfriend broke his window and opened the door. When he went in he had his helmet in hand (he rides a motorcycle) and the guy that lives there hit my boyfriend over the head with a bottle. My boyfriend did not go down but the guy that lives there tried to hold him down by pushing him against the wall. My boyfriend repeatedly told him that he just wanted to talk to him. The guy that lived there began choking him so my boyfriend started hitting him with his helmet. He is now arrested and is being charged with residential burglary and assault with a deadly weapon. He is a first-time offender. We, along with my family and his, don't have the money to hire a lawyer. I would like to know if you think it is worth trying to gather up the money to get a lawyer or if we should just use the public defender. Also, does anyone know what he might be punished with as far as jail time? Do we have any hope? He did not go in with the intention to steal or harm.
  • 05-06-2009, 03:04 AM
    aardvarc
    Re: Residential Burglary and Assault with a Deadly Weapon
    Quote:

    Quoting roxie_g93
    View Post
    I would like to know if you think it is worth trying to gather up the money to get a lawyer or if we should just use the public defender.

    Not sure it'll make too much difference either way - there's not a lot of maneuvering to be done when you break into someone else's house - REGARDLESS of the reason or intent. There just really aren't a lot of possible defenses to choose from. In some cases, the PD may be more likely to be able to predict sentencing (since they have a TON of experience with such cases), but if the money is available, a private attorney often has the time for more "hand holding" - but you pay heartily for that time.

    Quote:

    Also, does anyone know what he might be punished with as far as jail time?
    It's likely to START with possibilities of PRISON time (felonies), measured in years, and his attorney would then attempt to bargain down from there (maybe to misdemeanors, which can be up to a year in the county jail for each in addition to fines and/or probation).

    Quote:

    Do we have any hope?
    It's always a crap shoot. Again, not a lot of defenses to this one.

    Quote:

    He did not go in with the intention to steal or harm.
    Regardless, he went IN, when he was told he wasn't welcome in. And, although police arrested for residential burglary and assault with a deadly weapon, it's possible that the prosecution could charge for other things as well.

    (As well as the observation that he's lucky he wasn't just shot dead on the spot.)
  • 05-06-2009, 12:09 PM
    cdwjava
    Re: Residential Burglary and Assault with a Deadly Weapon
    This is also a first strike offense (assuming he has no priors). It is a burglary because they are assuming he made entry with the intent to commit felony assault upon the resident. That assumption is likely founded upon the fact that he broke the window, made entry, and then proceeded to assault the resident with his helmet. No, he cannot argue "self defense" ... at least, it is not likely that the court will consider that since he really has no right to defend himself once he forced entry. In fact, had the resident shot him, the resident would have been within his legal rights.

    In this case, I suspect that a public defender will be able to work out a plea deal just as well as a paid attorney. I don't see that there's any case worth taking to trial. The only issue here is how good a deal can be made and whether it can be pled down to something that till keep him out of state prison.

    - Carl
  • 05-06-2009, 03:39 PM
    Arf417
    Re: Residential Burglary and Assault with a Deadly Weapon
    I agree with cdwjava (yah I know, first time for everything). By him entering the residence in the manner he did, he is completely in the wrong and is actually lucky to be alive. Why would you go to talk to someone and then break into their house? I am going to take a wild guess and say it is your ex-boyfriend or some romantic interest in your life. He is looking at prison time and he had better pray for a great plea deal. Having two felonies like this is not going to look good if it goes to trial. It seems open and shut. Hopefully the public defender can come up with something good for him, but dont count on it.
  • 06-18-2009, 06:28 AM
    ForgetAboutIt
    Re: Residential Burglary and Assault with a Deadly Weapon
    Once you actually break into a house, all bets are off. This kind of thing looks really really bad to judges and juries because EVERYONE sees their home as a safe place and they do not like to be faced with the idea that someone can break in to it. Get a GOOD attorney for this one - start selling all your stuff if you have to. I would NOT rely on a PD if I was charged with breaking into someone's home and assaulting them. Remember, this is a worst case scenario for most people (having someone break into their home while they are there), so juries will most likely not be lenient.
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