Assault or Burglary in Texas
Here is the long winded story first--In TEXAS
I am casually dating a young woman and recently took her our to dinner. We came home to her apartment and soon became intimate. Someone began knocking and then pounding on the door so we went to investigate.
She looked through the peep hole to see a guy she has been dating as well but not seriously. He had been to her apartment recently. They had not talked in a few days and had had an argument.
We quietly slipped back in to the bedroom after confirming the door was locked. I of course quizzed her about this guy to make sure he wasn't some guy who she had a committed realtionship with. Not so per her.
Anyway, the pounding stops, but 15 minutes later starts again, followed by silence, followed by the ATTACK--->
We are in the bedroom and suddenly the bedroom interior door is being bashed in, wood flying everywhere. (He had scaled up and come in via second story patio sliding door.) The man was screaming expletives. My only goal at this point was to escape and also make sure she was ok. There was no words exchanged, he was in the red zone. To my knowledge, he didnt' even no what or who was on the other side of the door he was swinging through as I have never seen him before.
When the door comes down (maybe 15 secs from initial sounds INSIDE apt) I duck out the other door via bathroom and he still gets at me, assaulting me. I escape with my life out the door and call 911 via bystanders phone.
He partially chases after me, making me feel more comfortable that she was not being killed (but not totally).
Police arrive and the assailant had only hit her once perhaps and escaped, taking my wallet with him (and later making "Tell him I'll kill him" etc... messages)
Pictures taken, statements made, and later I went to ER for evaluation. The police called the man as my friend had his number and he answered and admitted to climbing wall and in via sliding door (they were thinking he had copied or been given a key.) He told police he would mail me my wallet and that he would turn himself in.
The next day my friend said he sent the wallet to her work via courier.
My review of the law makes me think this is an easy case for conviction of First Degree Burglary (with assault), mostly because of the forced entry into a habitation and assault (even if there had been no theft.) It appears in Texas that if you break in and assault someone and do not steal, it is still under the "burglary" part of the penal code.
My questions:
1) Is my assesment correct?
2) Should I try to give the police my wallet as evidence"
3) I assume that returning my wallet does not factually change the crime that night?
4) Realistically, does the fact that my friend has dated this guy and he was evidently enraged change the probability of First degree felony charges?
5) Is there any action needed on my part, or do I just cool my heals and wait for the wheels of justice to turn?
Thanks so much, what a great forum!
Re: Assault or burglary in Texas?
Quote:
Quoting didgeradoo
Here is the long winded story first--In TEXAS
I am casually dating a young woman and recently took her our to dinner. We came home to her apartment and soon became intimate. Someone began knocking and then pounding on the door so we went to investigate.
She looked through the peep hole to see a guy she has been dating as well but not seriously. He had been to her apartment recently. They had not talked in a few days and had had an argument.
We quietly slipped back in to the bedroom after confirming the door was locked. I of course quizzed her about this guy to make sure he wasn't some guy who she had a committed realtionship with. Not so per her.
Anyway, the pounding stops, but 15 minutes later starts again, followed by silence, followed by the ATTACK--->
We are in the bedroom and suddenly the bedroom interior door is being bashed in, wood flying everywhere. (He had scaled up and come in via second story patio sliding door.) The man was screaming expletives. My only goal at this point was to escape and also make sure she was ok. There was no words exchanged, he was in the red zone. To my knowledge, he didnt' even no what or who was on the other side of the door he was swinging through as I have never seen him before.
When the door comes down (maybe 15 secs from initial sounds INSIDE apt) I duck out the other door via bathroom and he still gets at me, assaulting me. I escape with my life out the door and call 911 via bystanders phone.
He partially chases after me, making me feel more comfortable that she was not being killed (but not totally).
Police arrive and the assailant had only hit her once perhaps and escaped, taking my wallet with him (and later making "Tell him I'll kill him" etc... messages)
Pictures taken, statements made, and later I went to ER for evaluation. The police called the man as my friend had his number and he answered and admitted to climbing wall and in via sliding door (they were thinking he had copied or been given a key.) He told police he would mail me my wallet and that he would turn himself in.
The next day my friend said he sent the wallet to her work via courier.
My review of the law makes me think this is an easy case for conviction of First Degree Burglary (with assault), mostly because of the forced entry into a habitation and assault (even if there had been no theft.) It appears in Texas that if you break in and assault someone and do not steal, it is still under the "burglary" part of the penal code.
My questions:
1) Is my assesment correct?
2) Should I try to give the police my wallet as evidence"
3) I assume that returning my wallet does not factually change the crime that night?
4) Realistically, does the fact that my friend has dated this guy and he was evidently enraged change the probability of First degree felony charges?
5) Is there any action needed on my part, or do I just cool my heals and wait for the wheels of justice to turn?
Thanks so much, what a great forum!
Get a restraining order against this guy now! He stole from you, weather he returned the wallet or not, he stole it in the first place! Since he tried to make you stay and get assaulted, you may be able to file kidnapping charges. My daughter was assaulted by some teenagers in high school, and since they came into the room she was in, and would not let her leave, and she had to forcefully leave, they were charged with kidnapping, alongside the assault charges. Since he has threatened to kill you (was it on a phone recording?), that is also against the law, since there is a criminal charge against him allready, it could be considered badgering a witness, since you will be one in the assualt case. I am not a lawyer and only going on what I know due to what happened to my daughter, so stay tuned for further answers from someone that just may be a lawyer, or know alot more than I do on this!
Re: Assault or Burglary in Texas
HTML Code:
1) Is my assesment correct?
Yes
2) Should I try to give the police my wallet as evidence"
Contact them; they may photograph your wallet; they do need the info
regarding the return of the wallet - they should interview Ms., as she can
state where the wallet came from. They have to prove he took wallet, so
the info regarding return is imp for detective to know & document.
4) Realistically, does the fact that my friend has dated this guy and he
was evidently enraged change the probability of First degree felony
charges change the crime that night?
Only if she recants. If she testifies that he always
had permission to enter
her residence, no burglary.
There would still be assault charges agin you,
and theft of your wallet
(not really robbery, as it wasn't on your person)
5) Is there any action needed on my part, or do I just cool my
heals and wait for the wheels of justice to turn?
I'd contact the Detective on the case.
I'd make it known that I
wanted them to pursue the case.
----Was anything missing from your wallet ?
If you had any cr cards in there, I'd call and ask that
they be re-issued with a different acct number. Tell the cc
co. that the cards were stolen & recovered.