Can someone be convicted of a residential burglary for stealing a package from an apartment building lobby?

QUESTION:

Can someone be convicted of a residential burglary for stealing a package from an apartment building lobby? My husband took a package sitting on the floor in front of the mailboxes on the wall of an apartment building lobby where the leasing office is. He is being charged with a 1st degree residential burglary while someone is home. It is a strikable offense. Please tell me if this is possible or if he should fight it.

ANSWER:

If that area was open to the public so that the leasing office could attract new customers, there is probably a strong defense to a residential burglary.

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