Burglary, Arson, Home Invasion first degree burglary or breaking and entering

[cprince3345]

My husband is being charged with first degree burglary he was under the influence of meth and thought he was being chased and was out of his mind said he went up to a window he thought was his friends took the screen off and when he stuck his head in the window was me t with the owner who pushed him back out the window and my husband yelled sorry and ran away and the victim chased him while calling police. Is this burglary or breaking and entering He had no weapon, tools, or stolen property only drugs.

 

[mightymoose]

The burglary charge likely won't stick unless there is more information.
They would have to prove his intent to enter and commit a theft or a felony. Absent that intent it is not burglary.
They might get him with misdemeanor unlawful entry PC 603, but if he didn't cause any damage that might not stick either.
He may be lucky and have it all reduced to simply being under the influence. His attorneys will work it out.

 

[smithdennis]

A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein. Burglary in the first degree is a class a felony. [1996 c 15 § 1; 1995 c 129 § 9 (Initiative Measure No. 159)]

 

[Betty3]

Your husband needs to discuss all this with his attorney. ("possibly" he will end up with just a drug charge)