what are the charges if someone physically assaults you in your own home and threatens to kill you then a few minuets later comes back with more people kicking the door trying to get in to physically hurt me possibly kill me, vandalizing my car cause they couldn't get in the home then come back again 2 hours later breaks into my home by breaking the door down and windows and destroying everything inside luckly we where not in the home anymore
Physical violence is Assault. Threatening to kill could also be a form of Assault if the threat was imminent rather than future conditional. However, either of those offenses could be legally justified depending on whether or not you provoked the situation.
There is no justification for the crimes committed when the person returned. Vandalizing your car is the offense of Criminal Mischief. Breaking down the door and destroying everything inside is Criminal Trespass of a Habitation and Criminal Mischief. However, if it can be proved that he entered with the INTENT to commit any level of Assault then it could be charged as Burglary of a Habitation which is a 2nd-degree felony punishable by 2 to 20 years in the state penitentiary. Criminal Mischief can also be a felony, depending on the cost to repair or replace the damaged property. If the damage value was high enough to qualify as a felony then that is another path to proving Burglary of a Hab. Also, if he took any item while inside that is a third path to proving Burglary of a Hab.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline