IC § 35-43-2-1.5. Residential entry.
– A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Level 6 felony.
– Victim’s testimony that defendant knocked on her door, broke it down, and confronted her, and the testimony of the officer who responded to the victim’s 911 call that the front door to her apartment had been damaged was sufficient to support defendant’s conviction for residential entry, as a Class D felony. Townsend v. State, 33 N.E.3d 367 (Ind. App. 2015).
– In order to establish that a breaking has occurred, the state need only introduce evidence from which the trier of fact could reasonably infer that the slightest force was used to gain unauthorized entry; the opening of an unlocked door is sufficient. McKinney v. State, 653 N.E.2d 115 (Ind. Ct. App. 1995).
– The offense of residential entry allows a felony prosecution for a housebreak without the need for proof of the intent to commit a target crime; if intent to commit a target crime is shown, then the crime becomes burglary. Vincent v. State, 639 N.E.2d 315 (Ind. Ct. App. 1994).
If you are in need of an Indiana expungement attorney, Indiana criminal defense attorney, or forfeiture attorney, please call me for a free consultation at 317-695-7700. I have personally defended thousands of cases, teach criminal law at the IU School of Law, am a top rated attorney, and have practiced criminal defense my entire career. Additional information about my office is available on the home page and the in the news page.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.