Congratulations to Justin Cook for getting his client’s burglary case in the 175th District Court of Bexar County, Texas dismissed today. The Cook & Cook Client was charged with burglary. Burglary is the legal name for the act of entering a house with intent to steal, or to assault another person. Depending on the specific facts of the case, the punishment can range from the state jail felony level (2 years jail) all the way to a first degree crime (life in prison). The client in this case was wrongfully accused of burglary and was very pleased to have all of the charges dropped by the Bexar County District Attorney’s Office.
What is Burglary?
The Texas Penal Code defines Burglary as:
§ 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) 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 (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body. (c) Except as provided in Subsection (d), an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or (2) felony of the second degree if committed in a habitation. (d) An offense under this section is a felony of the first degree if: (1) the premises are a habitation; and (2) any party to the offense 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. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 727, § 1, eff. Sept. 1, 1999.