my boyfreind craig, came to my house that i share with my dad, to see his kids, my dad wasnt home and told me to have no one in the house while he was gone, craig came and visited with me and the children,no fighting, or anything, when my dad returned and found out he had been here, he went down and filed the charges, but I invited craig here and i have lived her for 35 years, can he di this?
Estate Planning Attorney
Below are the applicable statutes are below. Your boyfriend may have a good defense to this case and should hire an attorney to defend this case.
511.060. Criminal trespass in the first degree.
(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.
(2) Criminal trespass in the first degree is a Class A misdemeanor.
511.070. Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.
511.080. Criminal trespass in the third degree.
(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
(2) Criminal trespass in the third degree is a violation.
Criminal Defense Attorney
Yes he can take out a criminal complaint as home owner. Penalties are based upon which of the 3 statutes were charged. See 3 statutes listed in the other response.
Class A misdemeanor: up to 365 days in jail, max. fine of $500.00
Class B misdemeanor: up to 90 days in jail, max. fine of $250.00
Violation : max. fine of $250.00
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..