Legal Question in Criminal Law in Wisconsin

Burglary

My brother and girlfriend lived together for 2-3 years. They had a spat. He left on his own accord (no authorities) he came back a week later to retrieve his items. She changed locks. He broke in to get items. Found guilty of felony burglary

Both names on lease. All utilities in his name. His name was still on lease at time of break in.

How can you be charged with breaking into the same home you are responsible for. If damages to the house would happen while he is on the lease, he would be responsible for those damages, but he can be charged with B&E of the same house?

There was no legal papers drawn up (restraining order, no contact, etc) It was still his house at time of ''crime''


Asked on 10/25/07, 9:26 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Burglary to One's Own Home

Although I know virtually nothing about FLA law, I do know that very bad results typically follow when folks do not protect their legal rights through obtaining experienced legal representation. If someone pleads guilty, it is no longer necessary to prove them guilty, and this may be what your brother did. In WI, it would normally be difficult to prove burglary for an entry to one�s own current residence, since non-consensual entry to a structure is an element of the crime. I'm not sure what effect the changing of the locks by the former roomate might have on this picture in FLA.

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Answered on 11/06/07, 3:01 pm


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