Legal Question in Criminal Law in Indiana

My husband and I own a house that we do not live in and have plans to renovate, my husband's brother wanted to live in it since we were not saying he would fix it up. We told him we did not want him to do anything and that we were planning to start doing some work ourselves soon. He obtained a key from his parents without our permission and entered the property. At this time he also parked a vehicle in our garage. Upon discovering this my husband phoned him and again stated that we did not want him doing anything to the property and that he needed to remove his vehicle. After 1 week the vehicle remained, at this time we changed the locks on both the house and the garage. He then broke into both the house and the garage, he broke a 2 doors to gain entry. He then took a sledge hammer and destroyed 2 walls and smashed all the fixtures in the bathroom (the only room not needed renovated), he smashed the toilet, sink and a full-size tub. Upon discovering this we reported the incident to the police. After a week they have finally gotten back with us only to say they are charging him with misdemeanor criminal mischief and won't even arrest him. We have looked at the Indiana codes and are confused as to why he is not being charged with a felony.

Asked on 9/01/11, 10:02 pm

Jay Rigdon Rockhill Pinnick LLP

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Call the prosecutor and ask him/her why this was filed as a misdemeanor. It is up to the prosecutor.

Answered on 9/02/11, 8:46 am

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