Legal Question in Criminal Law in Virginia

Is this considered

When I pulled into my driveway and walked to my house, the teens across the street were yelling and cursing at the top of their lungs so I called the Deputy to come out. My fiance came home a few minutes later and said they were now yelling at her ''I love you'' and ''come over and suck my c*ck'' and such. I ran out my house to theirs and they slammed the window shut so I opened their front door and yelled at them to shut up. I went back to my yard and waited for the Deputy. When he arrived, he was very disrespectful after I told him what happened. He threatened to arrest me for ''felony breaking and entering'' despite my telling him all I did was open the door and yell at them with no other intent. I tried to tell him the history of what happened and his reply was ''I don't care about the history, you are not the victim here, they are''. Probably the only reason Barney Fife didn't arrest me was because another deputy I know showed up and was the ranking deputy on scene. All I can find on VA Statutes is that my opening the door alone does not constitute Felony B&E or even Misdemeanor Trespass since I never entered the home. Barney Fife's position was since I opened the door by turning the knob, I both Broke and Entered the home.


Asked on 6/08/07, 7:49 am

2 Answers from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: Is this considered

It could be but if you were not arrested I would not worry about it. The cop was letting you know that what you did was not very smart. Next time there is a problem leave the kids alone, stay off their property, and let the authorities deal with it. If they keep harassing you and their parents cannot get their kids under control sue them in civil court for money damages.

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Answered on 6/08/07, 8:12 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is this considered

Going on to the harassers' property was

arguably trespassing and a clear blunder on your part. Opening the door to their home further compounded the blundering. Continuing with this kind of blundering on your part with respect to this situation, and it's merely a matter of time before "Deputy Fife" takes you into custody and the cooler head of "Sheriff Taylor" may not be around to spare you having to cool your heels in the local holding jail cell while the local prosecutor ponders whether you should be charged and prosecuted.

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Answered on 6/08/07, 9:18 am


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