Found an issue on this page? Let us know and we will look into it as soon as possible.
My son was charge with burglary of habitation in Texas. Can you be charged with that if nothing was taken?
Anonymous5 views3 answers
He and A friend walked into the apartment of John(not real name) the door was opened when they got there. John wasnt home, but john's cousin was,whom they never met. The cousin called the cops they arrived before the left the apartment complex. The were arested for Burglary of habitation in Texas,nothing was stolen, when the cops picked him up they only found his cell phone on him. So how can he be charged with that?
What constitutes a burglary depends on how the crime is defined under state law, and I will defer to what my Texas colleagues may have to say about what the elements of burglary are in that state. Under a typical burglary statute, however, the fact that nothing has been taken is irrelevant. In most states the answer to your question would be, yes he can certainly be charged. Whether he will be convicted depends on the evidence, but the mere fact that nothing was taken would not prevent a conviction.
On the other hand, the fact that nothing was taken might make it harder for the prosecution to prove whatever criminal intent might be required to establish burglary under Texas law.
Your son should have an attorney for this serious charge which in most states could result in a prison sentence and a criminal record for life in the event of conviction.
Burglary in Texas can be committed in 2 basic ways.
(1) Entry into a building or habitation without permission WITH THE INTENT to commit theft, assault, or a felony.
(2) Entry into a building or habitation without permission and then committing theft, assault, or a felony.
I have left out the techical details that make burglaries interesting to judges and lawyers, but the above is the basics.
So, perhaps the authorities believed your son entered the apartment without permission but with the intent to steal something, to assault someone, or to commit some other felony.
Unfortunately, at the time charges are filed the defendant seldom has a lawyer, and the police seldom tell the defendant the full details of what the police think happened.
In most parts of Texas, as the case goes along and defense counsel digs into it, the authorities release a great deal of detail about their case. One of the jobs of the criminal defense lawyer is to take a close look at that information in an effort to poke holes in the prosecutor's case.
The goal is to get every case dismissed. Sometimes we lawyers reach that goal, sometimes not.
I hope this is of some help. For more information about criminal law feel free to visit my website at http://www.epjlaw.com.
If you are able, now is the time to get your son a good criminal defense lawyer.
If your son entered the apartment (habitation) without permission and with the intent to commit theft, then he has committed the offense. Whether or not the State can prove the case to a jury may be a different matter. A lesser included misdemeanor is Trespass to a Habitation. I have been able to get many such felony cases reduced to a misdemeanor offense. You should hire a good local defense attorney.
