How long can a first time offender serve for a burglary of habitation charge?

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1. Licensed in TX

   

   Cynthia Henley

   Houston Criminal Defense Attorney

   Contributor Level 20

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   Answered January 29, 2013 19:19. He is charged with the entire crime, regardless of whether anyone else is ever charged. And, to obtain a conviction, they must prove more than he just was in the vehicle & had nothing to do with it.
   
   He could get from probation to 20 years in prison.
   
   Cynthia Henley
   713-222-1220

   • burglary of a habitation

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2. Licensed in TX

   

   Richard JonesPro

   Austin Criminal Defense Attorney

   Contributor Level 17

   

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   Answered January 29, 2013 20:34. Your friend should consult with his lawyer. In Texas he could be facing up to 10 years probation or 2 to 20 years in prison. Texas has what's called the law of parties. Under the law of parties, everyone who assists in a crime can be charged with whatever crimes anyone else commits. For example the driver of a getaway vehicle can be charged with shooting a store clerk even if they never leave the vehicle.
   Www.Austincriminaldefenseattorney.Com
   512-495-1813
   Austin Jail Release and Burglary Lawyer

   My answers are intended only as general legal advice and are not intended to create an attorney-client... moreMy answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com less

   • Burglary

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3. Licensed in TX

   

   W. Troy Mckinney

   Houston Criminal Defense Attorney

   Contributor Level 5

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   Answered January 30, 2013 06:25. If your friend's lawyer could not answer these questions, your friend needs a new lawyer. Whether your friend will be (or has been) charged will depend on the factual information provided by the police to the DA, regardless of whether it is true or accurate.. Your friend can be convicted of burglary if he committed the offense himself or was a "party" to another's commission of the offense. A person is a party to the offense if "acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense." Your friend may be prosecuted regardless of whether anyone else is or 10 other people are prosecuted. Each person is viewed separately from every other person.
   
   Troy
   
   W. Troy McKinney
   Schneider & McKinney, P.C.
   440 Louisiana
   Suite 800
   Houston, Texas 77002
   713-951-9994
   713-224-6008 (fax)
   wtmhousto2@aol.com
   http://www.texascriminaldefenselawyers.com
   http://www.houstondwiattorneys.com/
   Board Certified in Criminal Law - Texas Board of Legal Specialization
   Board Certified in Criminal Appellate Law - Texas Board of Legal Specialization
   Board Certified in DWI Defense, National College for DUI Defense (NCDD)
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   and Accredited by the Texas Board of Legal Specialization.
   Dean -- National College for DUI Defense

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