What is the possibility of being charged with 1st degree burglary if nothing was stolen from the house and your 1st offense?

What is the possibility of being charged with 1st degree burglary if nothing was stolen from the house and your 1st offense?

My brother is being charged with 1st degree burglary for allegedly breaking into his baby’s mothers house but nothing was taken. However he got in a fight with a guy that was there. What kind of time could he be facing for aggravated assault with a deadly weapon and burglary in the 1st degree? Can they even charge him with burglary?

Answer: I would suggest that your brother hires an attorney right away. He may be facing some severe charges with possible substantial jail time. Yes, the state could charge your brother with burglary as to charge him they do not need to prove that anything was stolen. The state only needs to prove that there was unlawful entry (which it sounds like there was) and that there was intent to commit a felony. The fight with the guy there would constitute a felony as it sounds as if it was an aggravated assault with a deadly weapon. Thus, he could very easily be charged with burglary.

Have him seek help from a defense attorney or take advantage of a court appointed attorney.

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Morgan McCain, Tucson AZ Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.