Can I get charged with burglary of habitation in my own apartment?

Asked over 1 year ago - Conroe, TX

I am the current and only lease holder to my apartment the mother of my kids is an occupant under the contract I moved out of the apartment for about 2 months but I am still the only lease holder and I pay all bills I went inside the house to see my kids and the mother of my kids was trying to kick me out her boyfriend called the cops and when the cops showed up they ended up arresting me for burglary of habitation I did not steal anything and the officer on the report wrote down that I went inside the apartment by force and those were the charges that were put on me is there a good way to beat this or not I have no criminal background at all at the same time I am going through custody battle with the mother of my kids

Attorney answers (1)

  1. Evan Edward Pierce-Jones

    Contributor Level 18

    Answered . As a general rule, a person cannot burglarize his or her own residence.

    However, the situation you describe is complicated. It is possible for a person to relinquish the right to occupy a residence to another and relinquish the right to at will enter that residence. Did that happen in your case? I do not know. Without a full case review, I cannot give an opinion on that.

    This is an issue you need to take up with a reputable criminal defense lawyer in the city where it went down. That lawyer can give you a better idea of how the prosecutor's office may view this.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more

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