What can I charge D with?
Defendant evades police, crashes his car, abandons car, breaks into empty house to hide from the police out looking for him. Home owners come home, see his jacket, see some eaten food, and leave to get the police. Police find D pretending to be asleep in a locked bedroom.
I know D can be charged with evading arrest. My question is whether there is something other than criminal trespass he can be charged with for breaking into the house.
Add bears and porridge and you have Goldilocks.
He enter the habitation and committed theft(ate the food) sounds like burglary to me.
Allege a deadly weapon (the motor vehicle) when you file the evading arrest charge so he will have to serve one-half calendar time. Depending on the length of his sentence, he may serve a longer sentence on the evading than the burglary.
[This message was edited by Ken Sparks on 08-25-04 at .]
Without a doubt you can charge him with burglary of a habitation.
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