Legal Question in Criminal Law in California

is it illegal for some one to try and enter my apartment buy putting keys in the lock hoping one works or just to try and scare me.


Asked on 9/09/12, 9:20 am

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I don't think you'd get too far with that in and of itself (if that is the extent) ... but maybe if it is a pattern, the police would at least take a report. Good luck!

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Answered on 9/09/12, 1:06 pm
Edward Hoffman Law Offices of Edward A. Hoffman

It's illegal to enter someone else's premises without their permission, even if the door is wide open. Being able to get into someone's home is not the same thing as being allowed to do it.

Like Ms. Hofmeister, I wonder if you have enough evidence to prove beyond a reasonable doubt that this is what happened. Perhaps you do. Or perhaps you have a viable civil claim, since civil claims have lower standards of proof. (You don't have to choose; it's perfectly fine to sue someone and to ask the authorities to prosecute them for the same act, if the law and the facts are both on your side.)

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Answered on 9/11/12, 5:06 pm


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