QUESTION
Can I be charged with breaking and entering if I had a key to the location and didn't use any force to get in?
Asked on Dec 03rd, 2013 on Criminal Law - California
7 ANSWERS
Aric Cramer
Yes. If you had your permission to enter revoked and you entered after that, even with a key, you may be charged. It is not so much how you got there, it is about if you had a right to be there or not.
Answered on Dec 10th, 2013 at 12:47 PM
Michael J. Breczinski
Yes if you did not have permission to be there.
Answered on Dec 10th, 2013 at 12:46 PM
John J. Carney
You can be charged with burglary if you enter a dwelling with the intent to commit a crime. You do not need to use force and may have a key, but that does not mean you have a right to be on the property. If you enter to do something other than to commit a crime then the charge may be trespass.
Answered on Dec 05th, 2013 at 11:10 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It will depend on how you obtained the key and whether or not you had permission to enter the location.
Answered on Dec 05th, 2013 at 11:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like an improper or over charge, see an attorney.
Answered on Dec 05th, 2013 at 11:10 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes because force is not needed. What the breaking element means is that at the very least you opened a door or cracked a window, even if a key was used that is still considered breaking. Entering just means that any part of your body crossed the plane. It has to be done without permission as well.
Answered on Dec 05th, 2013 at 11:09 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Did you have permission to be there. Did you have the intent to commit a felony while on the premises.
Answered on Dec 05th, 2013 at 11:08 PM