Burglary of Habitat with intent to commit assault in TX

Asked 10 months ago - San Antonio, TX

My 21 year old son lives with his girlfriends parents. My son and his girlfriend are always getting into disputes and she is always kicking him out. Well this last time she kicked him out and the next day he went over to "apologize and try to make up". He has the key to the front door of the house. All his possesions are in the home. She denied his apology and he drove away. Minutes later the police pulled him over due to she called the poilice to say the broke in and started raising caine. Of course she now realizes that he is in a heap of trouble. She and her parents are willing to say the truth. He techinically still lived in the home.

Attorney answers (4)

  1. Bart Charles Craytor

    Contributor Level 17

    3

    Lawyers agree

    Answered . While you recite several "facts" you don't ask a question. Has he been arrested? Has the State actually charged him? A good criminal defense attorney could possibly head this one off at the pass before the prosecutor presents the case to a grand jury or files an information in the case. (Assuming there is some proof the facts are as you recite them. Don't delay, what you spend on an attorney now could save costs from having to post bond and/or even having a reduced bond for this First Degree felony charge. The punishment range on a First Degree felony is not less than five years up to ninety-nine years or life in prison and a fine not to exceed $10,000.00. Very serious charge. Does your son have any criminal history? Has he ever been charged with failure to appear? Those are additional considerations. Get him an attorney quickly.

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more
  2. James Gerard McDermott II

    Contributor Level 3

    2

    Lawyers agree

    Answered . These cases are very fact specific. When you meet with a lawyer, have your son bring anything that he has to show residency at the address: bills, other mail, DL or ID. Also, because of the nature of the case, I would avoid contacting the woman or her parents until you have a lawyer; things can get unnecessarily complicated otherwise.

  3. Jodi Soyars

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can't burglarize your own residence and so the issue will be proving it was in fact his residence at the time. The best thing to do is retain an attorney and have them go speak with the DA's office prior to the case being indicted. If he can avoid being indicted in the first place, that is the best scenario. Once it is indicted, DA's are more reluctant to dismiss the case because they have already invested their resources into it. There are many of us here on AVVO.com that provide free consultations, I would start there.

    This answer is for informational and educational use only. This answer does not create attorney-client... more
  4. Stephen Andrew Hamer

    Contributor Level 17

    Answered . Yes, listen to the other attorneys' advice. Do not contact the girl/grandparents (the complaining witnesses). It is good advice to compile all evidence showing he resided there. Start interviewing some local criminal defense attorneys, and talk to him/her about fact that complaining witness is willing to cooperate. Attorney could arrange an affidavit for them to sign, stating he did not break in. There are many qualified attorneys in San Antonio. One suggestion is Criminal Defense Attorney Deepali Meenu Walters.

    BEST ANSWER I got....and I hope I was HELPFUL! My answers do not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,184 answers this week

2,787 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,184 answers this week

2,787 attorneys answering