Fleeing the Scene of a Crime Help...?

Question

I need help...

Bob is at work. Jack breaks into Bob's house by shattering a window panal on the back door. While inside, the house catches on fire. Jack calls 911.

Jack tries to fight the fire until the fire department shows up. Jack is seen runnng away from the scene by firefighters.

Bob comes home to find his house partly burnt down. After hearing the details, he tells investigators that he wasn't home and that someone must have broken in. Investigators agree, then ask Bob if he might know someone that looks like such and such. Bob identifies Jack.

But then Bob tells the investigators that Jack is his bestfriend, and probably had good reason for breaking in, and the fire must have been an accident. After all, Jack called 911 and stayed to fight the fire. Bob doesn't want the police to charge Jack for breaking and entering.

What charges can or should be brought against Jack?

Thanks...
T.

Double R · Accepted Answer

Breaking and entering
Vandalism
Arson
Attempted robbery

Cole · Answer

Jack can be charged with breaking and entering if the police choose to do so. However, being that there was not an officer present during the break in, it is most likely that the police will hear Bob's statements on not charging Jack with breaking and entering as Jack is his good friend. 

They will also question Jack as to his motive for entering the home. 

These two statements will determine whether the police charge Jack or not.

The judge and jury will determine whether the charge sticks if he is in fact, charged.

joeanonymous · Answer

I guess it would really depend on why Jack broke in and what the cause of the fire was.  If Bob doesn't want charges laid in regards to the break and enter he doesn't have to.  If it is determined to be an arson, the police may lay charges regardless.   Did this happen?

CGIV76 · Answer

Jack did break in, but what were his intentions, at this point it's just unlawful entry.  How did the fire start?, possible arson, up to the investigators to decide.  If Bob doesn't want to file a report, then there are no charges.

SneedRock · Answer

Well no charges would be filed because number any cop hearing bobs side will think OK what knucklehead would give the person who broke into his house a free pass unless one he was in on it and two its the truth. Now if there is no sign of arson well then more than likely the story should stick and no charges would be filed which would be good for bob because his homeowners insurance will be watching the case as well

Gemma · Answer

Residential Burglary (BF) if Jack intended or did commit a felony while inside the residence.  If he just broke in to break in, it would be Residential Entry (DF).  They may also charge him with Criminal Mischief (BM) for the damage to the window.

The crux would be whether or not the fire was intentional.  Even though he wasn't lawfully present, the fire probably wouldn't be charged unless it could be proved he set it "knowingly and intentionally".

Fleeing the Scene of a Crime Help...?

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