What is the minimum an maximum penalty for breaking and entering

Question Details: person entered ex-girlfriends home when he saw her go in with another man. he then proceeded to kick down the bedroom door and punch the man- what could he be charged with. The ex girlfriend says she does not want to testify against him

Asked 8/12/2009 under Criminal Defense | 3781 View(s) | More Legal Topics

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Criminal Defense Law Answers

Jack Moser, Jr. / Jack Moser Law Answered 2 years ago | Contributor

There are many, many, factors that the one must consider when trying to address maximum penalties in a criminal case. You must know what level of crime the state is trying to charge in the indictment (whether it is a felony of the first, second, third, fourth, or fifth degree, or whether the state has kept the charge(s) at the misdemeanor level).  The lower the number, the worse the possible penalties.

Then you have to look at the circumstances of the crime, such as determining whether anyone was in the home, whether anyone was injured in the home (it looks like the answer is yes to both questions), and whether a weapon was used during the crime. It may help to visit our website www.jmoserlaw.com under the subheading Criminal Defense, and the sub-sub heading Theft Crime. There you will find a discussion of property crimes along with a breakdown of penalites for certain types and certain levels of crimes. Good Luck.

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