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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10284
Experience:  Experienced in multiple areas of the law.
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Can I get charged with 1st degree burglary, if my relation

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Can I get charged with 1st degree burglary, if my relation gave me permission to take cabinets out of there home, in which the home is now in later they claim i stole them with my boyfriend an i told the sherrif i took them with their permission an my boyfriend did not help me but they took both our shoes because they match the shoe prints can either of us get charge with burglary an i have my relation on a recording devise saying he did give me the cabinets an that he would take care of because he is scare of getting in trouble an what do you recommend me to do towards this situation or how do we fix this problem
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 4 years ago.
Good evening, I don't see how you could be charged with burglary in this situation.

Here is the burglary statute in Iowa:

Any person, having the intent to commit a felony, assault or theft
therein, who, having no right, license or privilege to do so, enters
an occupied structure, such occupied structure not being open to the
public, or who remains therein after it is closed to the public or
after the person's right, license or privilege to be there has
expired, or any person having such intent who breaks an occupied
structure, commits burglary.
Also, you don't seem to fit the definition of 1st degree burglary, which is defined as follows:

1. A person commits burglary in the first degree if, while
perpetrating a burglary in or upon an occupied structure in which one
or more persons are present, any of the following circumstances
a. The person has possession of an explosive or incendiary
device or material.
b. The person has possession of a dangerous weapon.
c. The person intentionally or recklessly inflicts bodily
injury on any person.
d. The person performs or participates in a sex act with any
person which would constitute sexual abuse under section 709.1.
2. Burglary in the first degree is a class "B" felony.
Clearly, since you did not have the intent to steal the property, you cannot have committed a crime. If the police have not arrested you yet, it is important not to talk to them without having an attorney present.

If you are arrested, the prosecutor's office makes the decision whether to charge you or not. Therefore, do not make any statements to the police while in custody and instead speak with a criminal defense attorney. While I don't believe a prosecutor would charge you here if they are aware that you were given permission to enter your relation's house and take the cabinets, an attorney can negotiate with the prosecutor to have the charges against you dismissed.

I hope this information is helpful. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.
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Customer: replied 4 years ago.
Can my boyfriend get charged for taking the cabinets and installing them in a home, but when he was questioned by the sheriff he told the sheriff he knew nothing about the cabinets?
Expert:  RobertJDFL replied 4 years ago.
If the cabinets were his, he has the right to take them and do what he wants with them, that's not burglary. If he took the cabinets from somewhere else that wasn't his property however, then yes, he could be charged.
Customer: replied 4 years ago.
I as his girlfriend gave them to him, could he still get charged with something?
Expert:  RobertJDFL replied 4 years ago.
Very doubtful. The majority of criminal acts, like burglary require an intent to commit the crime. If he had no intent to commit a criminal act, and had no knowledge of where the cabinets came from, and just put them into someone's home, that's not a crime.
Customer: replied 4 years ago.
What is the worst that could happen with this situation? Would we have to pay for the cabinets even though my relation gave them to me? They owed me money.
Expert:  RobertJDFL replied 4 years ago.
Worst case scenario is that you are arrested -even though you may not later be charged.

Your family member could sue you for the value of the cabinets in court, but then it would be up to a judge to decide whether or not they gave you the cabinets or whether you took them. I
Customer: replied 4 years ago.
will the cabinets be taken away from the new home were the cabinets were install because i made a contract to trade them of for a car an i am in possesion of the car an the trade has allready been made
Expert:  RobertJDFL replied 4 years ago.
No, but as I said, your relative could sue you for the value of the cabinets. But, even if successful, all they would get is a monetary judgment, nothing else.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10284
Experience: Experienced in multiple areas of the law.
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