Breaking and entering? trespassing? what is the charge?
1 attorney answer
The worse case scenario is that he can be charged, probably as a juvenile, with breaking and entering. The door being unlocked is not a defense; the use of any force, (including only that amount necessary to turn the doorknob), is legally sufficient for the "breaking" element of the crime. Fortunately, from the facts it doesn't look like there is much evidence of any intent to steal or take anything. Laws vary from state to state, and many states have a lower level of breaking and entering sometimes distinguished by the fact that it was merely a B and E without owneres permission. In some states this is a misdemeanor rather than a felony. Your son and you are probably going to need to discuss the facts of your case with an experienced attorney, (if he's charged), so that you can be properly and correctly advised regarding the applicable laws of your state.