February 9, 2016

Asked 2/5/2016 – Houston, TX

My boyfriend is on probation for assault against a family member for 3 years. He got charged and sentenced in june 2015. He just recently got arrested for burgalary of habitation. How much time is he likely to get . and whats the best option or route to take?

Answer

Burglary of a habitation is a 2nd degree felony, punishable by up to 20 years incarceration in the Texas Department of Corrections, a $10,000 fine, or a maximum probationary period of up to 10 years. Under some circumstances, however, a burglary of a habitation can be a 1st degree felony, so contact your boyfriend’s attorney to make sure of the charge. Only that attorney will know the exact facts of the case, the evidence the State has against him, what the plea offer will be, and what his best options are. General advice: if he did not commit the offense, have a trial; if he did, accept a plea offer.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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