Could this be classified as "breaking and entering", trespass, or anything at all?

Asked over 1 year ago - Akron, OH

Our neighbors down the street threw a party that went until the late hours of the morning. Around midnight I was still up and since I was the front door was unlocked. We have several cars in our driveway that we own and cars were parked in front of our house because of all of the guests. Around midnight two guests who were supposed to be at the party walked into my house at random without knocking or giving any indication they were going to do so. They both stepped inside and walked about ten feet from the doorway and into our kitchen before walking out and going to the party. Could this be considered breaking and entering since they entered my home without permission even if it was an accident and the door was left unlocked? We had no idea anyone would randomly walk in like that.

Additional information

** For further clarification, after entering the home the two young people did realize and acknowledge they were in the wrong house , but it was frightening not to mention incredibly rude of them not to knock and at least make sure they were in the right house.

Attorney answers (2)

  1. Neil Scott Rubin

    Contributor Level 13


    Lawyer agrees

    Answered . There is something in the law called "mens rea" which loosely means criminal intent. This act was obviously a mistake so I doubt that any charges would be filed. My question, did you call the police at the time? If not, the point is moot. As for any civil liabilities these interlopers owe to you, there must be damages. Did you suffer any monetary damages because of their trespass? It's time to lock your doors when you are in the house for the night.

    This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client... more
  2. Christopher Lee Beck


    Contributor Level 19

    Answered . Could charges be filed? Yes. The state can file charges for almost anything. I have seen similar situations charged as Trespassing and investigated as Burglary. This is a bit of a stretch since clearly it was an accident. I understand that you were alarmed but I would recommend not filing charges. Ask yourself is this something you would want to see someone have a criminal record for? Plus after this period of time would you know who they were or be able to find them. That is my recommendation.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio
    (937)510-6110 phone

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more

Related Topics

Residential property

Residential property is real estate that has been developed or zoned to be used for living, such as single family houses, apartments or mobile home parks.

Criminal tresspass

Criminal trespass is when you enter someone's property without authorization, either at a prohibited time or onto property you are not allowed to enter at all.

Mark David Brynteson

Understanding Slip & Fall Cases

The Law Is About People Mark D. Brynteson Attorney at Law 2969 Rolling Meadow Court Belvidere, Illinois 61008 (o) 815-569-4280 (f) 815-371-0146 web site: more

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