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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Alleged Burglary of Habitation

    My question involves criminal law for the state of: Texas

    Two females have falsely accused me of entering their dwelling and from what my defense attorney says, they believe with specific intent of sexual assault. I was looking for an old acquaintence and obviously had the wrong apartment community or unit. No memory of the guys last name or unit number, just that it was at the back, upstairs (or so I thought). I do not know these girls but one says she has seen me before, both have apparently written statements. I was on a company errand when I decided to stop by the apartment community 'quickly' before heading back to the office. Do I have any hope here? Can two paranoid females get me convicted of a charge I am innocent of, merely based on appearance, speculation, paranoia?
    I technically have no prior 'felony' Criminal history but there was a misdemeanor on arrest record that I already completed deferred on from about 5 years ago for 'Phone Harrassment' and I have moved on with my life and been successful in work, relationships, my Faith in God, etc. Do I have any hope here?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alleged Burglary of Habitation

    You entered the apartment of a couple of young women, and your story is that you knew some buy who used to live somewhere in the complex... or some other complex... but you don't know where, don't recall his name, have no other friends or acquaintances in common who could help you figure out who he was or where he lived.... Do you even know what he looked like?

    You can talk to your lawyer about hiring a private investigator to try to track him down.

  3. #3

    Default Re: Alleged Burglary of Habitation

    When you want money at the bank, do you follow a procedure like using the ATM, the drive through, or standing in line at the counter? Or do you just walk in, jump the counter, and head straight for the vault to take out only that money which is yours? Seriously.

    What possible excuse would you have, even if you DID know the person who MIGHT have lived somewhere in the area - for simply walking in??? Most people would knock, wait for the person to come to the door, let them in, etc. --- especially if the person didn't expect you to be arriving. How do you think just walking into a unit when you admit you might not know which exact one it is would be ok or would make sense to anyone? It just doesn't. You're lucky you weren't shot dead as you came through the door.

  4. #4

    Default Re: Alleged Burglary of Habitation

    No one here is buying your story....what makes you think it will fly with a jury

  5. #5
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Alleged Burglary of Habitation

    Having a prior for "phone harassment" is definitely not going to help. Was it for sexual talk? That will come out. If it was, pack your bags, they do have Church in jail.

    If I were you, I would certainly be trying to remember the full name of this "friend" that used to live there. That is your only defense. No friend, no freedom.

  6. #6
    Join Date
    Oct 2009
    Posts
    217

    Default Re: Alleged Burglary of Habitation

    It doesn't look like you're sharing the entire story.
    If ur last deffered sentence was completed it will not come into play. The state will need to prove beyond a reasonable doubt that you had intent to sexually assault them. They must be basing this on something that you're not disclosing because otherwise they would have been charging u with a criminal tresspass. Not to mention that if you by mistake went into someones apartment it only takes a few seconds to apologize and leave. Doesn't sound like that happened. Anyway based on ur post, it seems like you definetly commited the crime of criminal tresspas but proving that u had intent to sexually assault someone is harder especially if hte act didn't occur.

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