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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Burglary of Habitation and DWI

    My question involves criminal law for the state of: Texas
    From my findings it seems to be that you can not get charged with BOH unless you stole something, that you can get criminal trespassing if nothing was taken, but I am uncertain. Also there is a DWI out of another county. The BOH is his first felony offense but they set his bond at $75,000. I was under the impression that this is considered a second degree felony so I am sort of in awe about how high his bond is. Nothing was taken from the house he had went into but he had broken in, and slept there for a night or two.(it was his grandfathers house) When he was apprehended by the police in the house they had found a set of house keys to the house he was in, in his pocket, so they are saying that just because of the keys being in his pocket, even though nothing was taken from the house, that its burglary of habitat. Does anyone have any information that could be useful or any comments. I feel as if I am kind of in the dark with all of this and want to be prepared for whats going to happen to him and if they can for sure get him with Burglary of Habitat if he didn't take anything? If anyone has any input please reply?!?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Burglary of Habitation and DWI

    Your understanding is wrong.
    Quote Quoting Texas Penal Code,Sec. 30.02. Burglary.
    (a) A person commits an offense if, without the effective consent of the owner, the person:
    (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

    (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

    (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
    (b) For purposes of this section, "enter" means to intrude:
    (1) any part of the body; or

    (2) any physical object connected with the body.
    (c) Except as provided in Subsection (d), an offense under this section is a:
    (1) state jail felony if committed in a building other than a habitation; or

    (2) felony of the second degree if committed in a habitation.
    (d) An offense under this section is a felony of the first degree if:
    (1) the premises are a habitation; and

    (2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
    I'm sure his lawyer will attempt to argue that he didn't intend to commit a felony and did nothing but sleep there, assuming that's the case.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Burglary of Habitation and DWI

    Wow,I just found out that he admitted to theft of a firearm when the detectives talked to him the other day, this was from a previous circumstance from my original thread post. Now he is also looking at that as well, for some reason he still believes that he could possibly get only probation for all this even though I told him that he is crazy if he thinks that he still believes it could happen...more than likely he is going to be in prison and for a long time right?

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