Legal Question in Criminal Law in Indiana
i have a question on breaking an entering with assault and battery
i was assulted in my home why i was sleeping
the guy came in my house through an unlocked door and hit me with his fist over my head causing visible injurys..i was wondering if that was considerd breaking an entering with assult an battery ..is that a felony?
1 Answer from Attorneys
Re: i have a question on breaking an entering with assault and battery
Assuming this occured in Indiana, the prosecutors office in the county where this happened has the duty of determinig whether a crime has been committed and then file charges.
However, it would appear that what you have described given the limited facts, is a burlary.
As it seems the intruder broke and entered into your dwelling with the intent to inflict serious injury, which could be a felony, the definition may be satisfied. Burglary does not mean that intended felony to be committed within must be a theft but any felony. Still, the complete facts must be investigated before such a conclusion may be made. Obviously, if the person was living there, he/she could not break and enter into their own place, so it may then be a battery alone. In that case it could range from a misdemenor to felony based on the extent of injuries inflicted.
Related Questions & Answers
-
Impersonation If you are a step parent is it against the law to claim to be a childs... Asked 8/14/01, 10:27 am in United States Indiana Criminal Law
-
Prosecutor vs judge If a judge orders a defendant released, can the prosecuting... Asked 7/24/01, 1:06 am in United States Indiana Criminal Law
-
Illegal Search Is it illegal for the police to search the car of a minor without his... Asked 6/26/01, 11:52 pm in United States Indiana Criminal Law