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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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Last night I was extremely intoxicated and I walked home only

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Last night I was extremely intoxicated and I walked home only to walk up to my neighbors house instead of my own. I did not have my keys so I pounded on the door thinking it was my place and my roommates would come answer the door for me. The residents thought someone was trying to break in so they called the police and I was arrested and charged with residential burglary. I did not take anything and my intent was not to commit crime but rather to go home, I was just at the wrong house. I spent the night and most of today in jail. I guess my biggest question is where do I go from here and also roughly hearing my story, what are the chances of me getting the charges reduced or dropped? If it matters at all I am a student at Gonzaga University in Spokane Washington.

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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.


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