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.
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.