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Is it burglary if your invited & then attacked by two people one who lives there?

Chester, SC |

we were invited to a long time friends house and when we got there we were attacked by a guy who was there. My husband almost died. Yet he's the only one who was arrested and charged, yet he was the first attacked & the worst injured. He's now got life & our friend says he tried telling them it wasn't burglary but they threatened him with prosecution!

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Attorney answers 2

Posted

You need to hire the best criminal defense attorney you can afford to defend this charge. Burglary is a serious felony offense. It sounds like you have valid defenses that must be asserted by your attorney. I can't tell from your question if the charge is pending or it's over. Either way, get legal advice to assist you.

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..

Asker

Posted

Its over now. My husband received two life sentences. I paid a lawyer every cent I had & he didn't even defend him. He didn't object to anything. He yelled at me. And he didn't call any witnesses. He also let them only sequester me. Idk what to don't my children and I are homeless and my husbands innocent!!!

Timothy John Schemmel

Timothy John Schemmel

Posted

Your husband should file an appeal immediately, if the deadline to do so has not passed. South Carolina has a Division of Appellate Defense to provide a court-appointed attorney for appeals. Their information can be found at http://www.sccid.sc.gov/appellate-defense.cfm?type=appATT. If it is too late to file an appeal, and your husband believes that his attorney made mistakes and/or failed to satisfy his obligations as your husband's attorney, or that the State violated his due process rights, he can file for "post-conviction relief." Upon application to the Court, a private contract attorney can be appointed to represent your husband in that matter. Good luck.

Asker

Posted

Thank you

Posted

If you were invited into the home, it is not Burglary. If the case is over, you need to get an attorney to file an appeal ASAP. Depending on your state, you may be able to get your "friend" to tell you that he only said what he did because he was threaten with being charged with a crime on tape without him knowing it.

Asker

Posted

We got it on tape. :) so if he didnt know he was being recorded, its still usable? Thank u!