Defense of Charge: Burglary of a Habitation Harris County, Texas.
Case Result: Case Dismissed – Insufficient evidentiary proof beyond a reasonable doubt.
My client was charged with Burglary of a Habitation in Harris County, Texas. Specifically, she was charged with breaking into an apartment and stealing several items that did not belong to her. This case was extremely important because my client was a nurse. Nursing Licenses can be suspended when faced with criminal convictions or even indictments.
Texas law states that burglary of a Habitation occurs when the defendant did then and there unlawfully, without the effective consent of the owner, namely, without any consent of any kind, intentionally enter a habitation owned by X, a person having a greater right to possession of the habitation than the Defendant, and commit theft of several items.
Burglary of a Habitation is classified as a second-degree felony, with penalties including 2 to 20 years in prison and a fine of up to $10,000. My client was facing a lengthy prison sentence and possibly losing her nursing license.
My client had been dating one of the parties for several years until it went wrong. Around the date in question, the complainant had asked my client’s ex-boyfriend to move into his apartment because my client and the complainant’s friend had broken up again. The breakup was not going amicably, and the ex-boyfriend decided to try to move a few items out of my client’s apartment without my client knowing or being at her residence. While gathering his items, he took several items that belonged to my client. When my client arrived home, she noticed that some of her property was missing and decided to drive to the residence where her ex-boyfriend and the complainant were staying to confront them. After my client arrived, a huge argument involved my client, the complainant, my client’s dad, and the ex-boyfriend. My client entered the apartment to retrieve property that rightfully belonged to her. Police were called, and a thorough investigation was conducted. All the witnesses were interviewed, and everyone gave their story. The police decided that my client was in the wrong.
My client was arrested and charged with the Second Degree Felony of Burglary of a Habitation.
After being hired, I conducted a thorough investigation and analyzed the situation. Conducting a thorough investigation is critical in any criminal case. I contacted the ex-boyfriend and the complainant. I also obtained bank statements and affidavits that showed the items belonged to my client. I argued that my client was retrieving property wrongfully stolen from her and that she had a legal right to be in the apartment.
After meeting with the prosecutor several times, the State’s best offer was time served on a misdemeanor trespass. This would have resulted in a misdemeanor conviction. I was not satisfied with that offer, so we kept fighting. After several conversations with the prosecutors, I convinced them to dismiss the case outright. This was a huge victory, given my client had two previous cases, and the complainant was willing to cooperate.
If you are charged with a serious felony, it is essential to hire an experienced criminal defense attorney who has successfully handled criminal cases in Texas and has experience navigating complex scenarios, evidence, and prosecutorial arguments.
