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One of my neighbors tried to break into my home and was caught intoxicated trying to smash my back patio door.

Coatesville, PA |

He is trying to use the excuse he was drunk and he thought it was his home. Oh he was also caught naked and resisted arrest etc...Can he get away with it? I am worried that he will try and use the intoxication as an excuse and return and try and do something more severe now that he got caught

The only issue we have had is that he received a citation for not controlling his dog that came onto my property and it tried to attack me..So I called the police that dealt with him. That was a year ago...But something sent him over the edge for him to try and break into my home...I am thankful he did not have a gun or anything like that...But he was naked and that concerns me as well...I have no idea what to expect in terms of charges towards him...Any help in understanding if he can get out of being charged would be great...

Attorney Answers 3

  1. As you are the alleged victim, you should really be speaking to the DA as opposed to private defense attorneys regarding this case. That being said, intoxication is not really a defense for any crimes in Pennsylvania with the exception of first degree murder-in those cases it can reduce first degree to third.

    Here, it may cause it to be criminal trespass as opposed to burglary. Much more would need to be known. If this is a situation where you are not the victim and are instead asking for a friend-he needs to contact a criminal defense attorney.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

  2. You should be speaking to the DA regarding charges to press.

    Next also speak to a civil attorney regarding a possible lawsuit in civil court for damages, although if you have homeowner's insurance you may be able to pursue an insurance claim.

    If he has threatened you before, you may also be able to obtain a restraining order.

  3. You should contact the Chester County District Attorney's Office with any questions regarding the prosecution of the crimes with which he has been charged. The police department that arrested him also may be able to assist you. Make sure the police are aware of the history with the person and your concerns, and request additional patrols in your area. Normally when a person is arrested for charges like this, the conditions of his bail will include having no contact with you or your family. You should confirm with the authorities that this is the case, so that you can contact the police immediately if he violates bail conditions.

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