What to do if I’m m getting charged with breaking and entering but had permission from my friend?

I am getting charged with breaking and entering. It was a friend’s old house. I had permission from him but not the homeowner. He unlocked the window so I could get in. I was just wondering how that would work exactly since I had permission from a previous residency but not the homeowner. The case type is


Asked on November 2, 2017 under Criminal Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You committed breaking and entering. You say that your friend was the "previous" resident and so was not currently in residence; it was a friend's "old" house but he is not the homeowner. Why do you think a former resident could allow you into someone else's property? If you have a used or pre-owed car, do you think it's former owner could allow a friend of his to driver your car without permission? Of course not: once someone is no longer the owner,or no longer at least a lawful tenant or other occupant, they have not right or authority to let anyone use, into, etc. the property; your friend could not give you permission to go into another person's home. You committed the crime as surely as if you went into a home that had no connection to any of your friends.

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