Asked 8/8/2016 – Pickton, TX

My husband got arrested and charged w burglary of a habitat and unlawful possession of a firearm by a felon. He broke into a home and stole guns and jewelry. They got back half of the jewelry. And all guns. He served 5 yrs prior on a robbery charge. Felony. His probation got revoked through all of this. It was also a felony domestic abuse. So that’s 4 felonies. The judge has been very lenient on his charge BC he could have charged him w 5 gun poss but only charged one. We live in Texas what kind of time are we looking at. Also he’s bipolar and wasn’t on meds at the time.

Answer

Burglary of a habitation is a 2nd degree felony, but if your husband has a prior felony conviction, the State has the option to enhance the punishment range on the new charges pending against him. You will have to talk with his attorney to see if the charges have been enhanced, and what the minimum and maximum exposure he has on each case. The exact sentence he will receive depends on the specific facts, but as a general rule, the District Attorney will not make a plea bargain offer which is any less than whatever prison sentence previously imposed on a defendant (so the very best offer possible will probably be 6 years if the charges were not enhanced). Don’t expect the Judge to be lenient this time. I expect your husband to be sentenced to prison for a considerable period of time.