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The crime of residential burglary is defined as:
1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.
In order to be convicted you must have intent, and you must have the capability to form intent to commit a crime on entry into the home. Both of these appear to be lacking from the facts described.
You should hire an attorney to help you with this. An attorney should be able to get the charge dropped or at least reduced to a minor offense. The prosecutor must prove "beyond a reasonable doubt" all elements of the crime. Given the description of the facts e.g., you were drunk, on foot, and lived next door, and not disguised would seem to point to a mistake rather than intent to commit a crime. There may be other charges dealing with being intoxicated instead of the burglary, however these are less serious that the residential burglary charge. In addition as a first offense time would more than likely carry probation and a fine. It is possible once the facts are known that the charge could be dismissed.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
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