Suddenly, the screech of sirens filled the air. Upon seizing Malouff and searching his vehicle, the officers found a black bag and a bottle of alcohol. Now, Malouff is facing residential burglary charges, as well as breaking and entering, felony criminal damage to property, resisting arrest, and his third DUI offense. According to Morrow, Malouff lived at the residence he allegedly burglarized with his girlfriend.
The couple had been having relationship problems, and Malouff had only returned after their fight to pick up his belongings. Colorado law states that burglary is a person entering a property without permission intending to commit a crime inside. He knocked on the door and rang the doorbell, but Regina did not open the door. Morgan threw a rock into a side window, which broke the window, and then began kicking in the door.
He was able to gain entry into the apartment, and when he went inside he grabbed Regina, pushed her to the bed, bit her on the side of her left breast, punched her, and choked her. The police arrived and arrested Morgan. Under that definition, the court held that because Appellant lived in the apartment and kept his belongings inside it, he was also an owner of the apartment. Additionally, there was no evidence that his tenancy was terminated, thus he had the right to occupy and control his apartment.
State , S. Burglary is defined as entry into a building illegally to commit a crime, especially theft. However, if you get angry with the cops who show up and respond aggressively, you could legitimately be charged with resisting arrest or disorderly conduct. What should I do if authorities arrive? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Market Your Law Firm. Lawyer Directory. Call us at 1 In a few situations, it is indeed possible to trespass onto land that you own. Ownership vs. Possession The law recognizes different kinds of property rights: a person can have an ownership right, a possessory right, or both. Marital and Shared Homes The situation most often comes up when the property is or was once a shared home.
Protective or Restraining Orders In most states, a court order—such as a protective order —can prohibit a person from entering the property even property that the person owns , and under such circumstances, any entry into the property will be made without permission. The Right of Consortium Occasionally, defendants have argued that their marital status protects them from a charge of burglary.
Landlords and Tenants Landlords can also be charged with trespassing on their property when they fail to follow state laws intended to protect tenants in their homes. Obtaining Legal Assistance If you are charged with burglary or trespassing on any property, whether you believe you had a right to be there or not, you should talk to a criminal defense attorney who practices locally.
Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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