Prior Acts of Domestic Violence Help Prove the Requisite Intent for Entry in a Residential Burglary (First Degree).

"From the Classroom"  - Ray Hill, Professor Emeritus, Santa Rosa Junior College

Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

Peo. v. Mani, 3DCA, #C088716, 2022 Cal. App. Lexis 66, January 2022.

       Here is a new case example of charging Burglary as a cause of action in a domestic violence case. Defendant forcibly entered the home of his mother and brother at night (the garage entry door hinges and door jamb had been “ripped off”). Both victims had active restraining orders issued against the defendant.  The brother was awakened by the noise, opened the bedroom door, observed the defendant coming up the stairs, 6’-7’ away, yelling, and holding a kitchen knife in front of him. The brother closed and locked the bedroom door and called 9-1-1. Defendant was found by a K-9 hiding underneath cushions in the backyard. The knife was found nearby.

       Defendant was convicted of First Degree Burglary (amongst other   related charges) because he entered the residence with the intent to commit a felony. The following evidence helped prove ....