My nephew broke in to a neighbor’s house while they were on vacation and was arrested for burglary. What charges will he face?

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Question:

My nephew just turned eighteen.  While some neighbors were on vacation he broke into their house and was caught drinking beer from their fridge and “fooling around” with his girlfriend.  He was arrested for burglary.  He is scared stiff about what will happen to him. What will likely be his punishment for burglary?

Answer: (1)

Each state has its own laws against burglary and various levels of punishment depending on what occurred.  Criminal prosecution is always a serious matter and you should consult an experienced criminal defense attorney for advice on how best to handle this situation.  While your nephew may have entered the house unlawfully the crime of burglary usually requires unlawful entry with the intention to commit a crime, usually theft.  Without the intention to commit a crime once inside, the entry is usually the less serious offense of “criminal trespass”.  Taking the beer from the refrigerator was theft.  And the fact that he was eighteen at the time probably means he can’t be charged as a juvenile, which usually means greater latitude in sentencing and less severe consequences.  However, punishment for burglary varies widely from probation to imprisonment depending on the circumstances including, for example, entry at night and whether or not the premises were occupied. Whether your nephew has a prior criminal history is an important consideration as well.  It is essential that you have an experienced criminal defense attorney represent your nephew and ensure an appropriate resolution.

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