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Can one get charged with breaking and entering if the door is unlocked?
Anonymous2 views3 answers
My friend went into an abandoned house and a detective says he has a video if him and his friends going in the house. Can he get charged with breaking and entering if the back door was unlocked.
Yes. It does not matter if the door was open or closed, if your friend enters a residence without the express or implied permission of the homeowner, he can be charged.
Yes. One can frequently be charged with a crime. However, being convicted is an entrely different matter. There are soome potential difficulties, or so it appears to this California attoreny. I strongly suggest friend sees an attorney and does not plea when first appearing.
He can be charged with Criminal Trespass in violation of Section 18 Pa.C.S.A. 3503(a)(1)(i). It is not necessary to "break"
He cannot be charged with burglary, in violation of Section 3502 if the building is abandoned.
Note: Just because the detective says he has video does not mean that he does. Your friend should not speak to police and should obtain counsel.
