Asked 7/27/2016 – Austin, TX

My ex-husband is on 10 years’ probation for indecency with a child with sexual contact 2 counts. He was recently arrested for burglary of habitats and also dwi 3&4.do you think he will get prison? This is in Texas.

Answer

Burglary of a habitation is a second degree felony, punishable by a fine of up to $10,000, confinement in prison from 2 to 20 years, or probation for up to 10 years. The punishment range is the same for the case he is on probation for. DWI 3rd is a third degree felony, punishable by confinement from 2 to 10 years. What will actually happen on his case depends on the specific facts, but if he is found guilty on either of the new charges, there is a high probability of him going to prison.