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Burglary, Arson, Home Invasion Burglary with intent
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Betty3
Well-Known Member
You need a lawyer to discuss this with.
mightymoose
Moderator
It really depends on the circumstances. The minimum for a first degree felony appears to be 5 years, and the maximum a life sentence. There can also be a fine up to $10,000.
army judge
Super Moderator
I know this football player dude, he got 22 years. It depends if you'll let them "do stiff" to you he resisted, so.....
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CdwJava
Moderator
What state?
What code section(s) has he been charged with?
Does he have any prior convictions?
Was there a weapon involved? If so, what?
Betty3
Well-Known Member
CdwJava - the state is Texas. It shows at very top of thread.
army judge
Super Moderator
Texas has a very specific position regarding Burglary with the intent to commit a felony.
It means you entered the premises with an intent to do something OTHER than just steal, or you became involved in an activity other than stealing: generally that could be an assault on an "ex", a rape, perhaps committing great bodily harm, beating a senior citizen, which becomes an aggravated offense and a hate crime, etc...
A person commits burglary if, without the effective consent of the owner, the person:
enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Entering means to intrude any part of the body or any physical object connected with the body. It is commonly misunderstood that burglary is only committed when an individual breaks into a habitation or building; breaking could be from breaking a window or a lock on a door. This is not accurate. Even if a window is open or a door is unlocked, an individual can still be charged with burglary by entering without "breaking." If an individual uses a tool to break a window, the individual never enters, but the tool intrudes into the protected premises when the window was broken, it is still possible to be found guilty of burglary. Burglary does not require a habitant to be present in the habitation or building.
You could serve time, if probation is NOT obtained in a state jail, (all convicted felons with less than a two year term, still a state prison, not a county jail.)
Or more than two years, the BIG HOUSE, the state prison system.
If an individual commits burglary, the punishment is a state jail felony if committed in a building other than a habitation.
If an individual commits burglary and it is in a habitation (i.e., residence), the punishment is a 2nd degree felony.
If an individual enters a habitation and is a party, or participates as a party (that often includes JUST LOOKING) to burglary entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft, the punishment is a 1st degree felony.
It means you entered the premises with an intent to do something OTHER than just steal, or you became involved in an activity other than stealing: generally that could be an assault on an "ex", a rape, perhaps committing great bodily harm, beating a senior citizen, which becomes an aggravated offense and a hate crime, etc...
A person commits burglary if, without the effective consent of the owner, the person:
enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Entering means to intrude any part of the body or any physical object connected with the body. It is commonly misunderstood that burglary is only committed when an individual breaks into a habitation or building; breaking could be from breaking a window or a lock on a door. This is not accurate. Even if a window is open or a door is unlocked, an individual can still be charged with burglary by entering without "breaking." If an individual uses a tool to break a window, the individual never enters, but the tool intrudes into the protected premises when the window was broken, it is still possible to be found guilty of burglary. Burglary does not require a habitant to be present in the habitation or building.
You could serve time, if probation is NOT obtained in a state jail, (all convicted felons with less than a two year term, still a state prison, not a county jail.)
Or more than two years, the BIG HOUSE, the state prison system.
If an individual commits burglary, the punishment is a state jail felony if committed in a building other than a habitation.
If an individual commits burglary and it is in a habitation (i.e., residence), the punishment is a 2nd degree felony.
If an individual enters a habitation and is a party, or participates as a party (that often includes JUST LOOKING) to burglary entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft, the punishment is a 1st degree felony.
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