Case Result

Case Result

Felony Breaking and Entering: Reduced to Misdemeanor Trespass and Filed for One Year

Felony Breaking and Entering: Reduced to Misdemeanor Trespass and Filed for One Year

Burrillville Police charged a young woman with felony breaking and entering after her ex-boyfriend alleged that she entered his home through a window, without permission, following their break-up. The young woman had no criminal history and was diagnosed with mental health issues. She went to the boyfriend’s home with hopes to reconcile and repair their relationship. When he ignored her knocks and would not welcome her inside, she entered by climbing through a window. While standing at the foot of the man’s bed, she woke him from a sleep and pleaded that they reunite. The man become angry and defensive, prompting the woman to call police for fear of her own safety. Once police arrived, the man turned the situation around against her, alleged her unlawful entry through the window and demanded prosecution. This prompted her arrest for the domestic violence offenses of felony breaking and entering and misdemeanor disorderly conduct. The woman and her family hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend her in this matter. Attorney Calcagni tried contacting the ex-boyfriend several times without success. He also obtained his clients mental health treatment and hospital records to demonstrate for prosecutors her documented illnesses. Based on these collective efforts, the woman’s age, clean history, and willingness to attend counseling, Attorney Calcagni persuaded prosecutors to reduce the charges to non-domestic offenses, dismiss the disorderly conduct allegation and amend the felony breaking and entering to the less serious misdemeanor charge of trespassing, which the court filed for one year. Providing the woman is not charged with a new offense during the 12-month filing period, she will be eligible to have the matter dismissed and sealed from her record.