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What does 'intent to steal', and 'intent to sell' have to do with burgulary of a building? anything?

San Antonio, TX |

A relative of mine was involved in the burgulary of a bldg by a group. He was convicted of the offense. Different attorney than the others. claims innocense, It has something to do with 'going there with the intent to steal', and for the purpose of 'selling' afterward. He says he did neither, and did not know what they were up to and had nothing to do with attempting to sell anythiing. Does that matter at all? I think it got all mixed up with pretrial diversion, then deferred something or other, and went down the wrong path , finally to pleading guilty somehow because of previous agreements. It sounds complicated.
The police report (not the one he signed) refers to intent to steal, and 'itent to sell'.. His own statement backs up what he says now. I read them.

Attorney Answers 3


Burglary of a building is entry without permission with intent to commit assault, theft, or any felony. Therefore the charge would enter a building without permission, with intent to commit theft.

Intent to sell has to do with drugs - possessed drugs with intent to sell them.

You could also have possession of stolen property (which if it is possession of recently stolen property it could support a finding that the person committed the burglary.)

A person does not sign a police report. The police write up a report, and the lawyer either gets a copy or is able to take notes. The accused may sign a statement (with warnings at the top if he is a suspect.)

They only way it would really matter is if the allegations did not amount to a crime, or that one may want (in your friend's position of having already been punished) to collaterally attack his case.

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By definition burglary is the entry into a private structure with the intent to commit petit larceny or any other felony. Why are you asking after the conviction? What is your goal?

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I agree with my collegues.

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