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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25514
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person was charged with burgurly but its they first time

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If a person was charged with burgurly but its they first time ever getting n a case what will b the sentence
Hello Jacustomer,

In what US state did the burglary take place? Was the property a residence? Did you know the resident of the property, or was the complainant a stranger?

Please use the reply tab below to answer my questions, and I will be able to give you an answer.
Customer: replied 4 years ago.

THE CRIME TOOK PLACE IN FORTWORTH TEXAS AND I DONT WHERE PLACE IT HAPPEN AT I DONT HAVE ANY DETAILES


 

Customer: replied 4 years ago.

If a person get a case and its they first time ever getting n case n the case is a burglary case what is most likely the sentnce that the will receive.

Hello Jacustomer,

I am sorry for the delay, but I was out last night and not working on the site.

Without details, I am afraid it is not possible to tell you what the sentence will like for something like this. That's why I asked you the questions that I did. Burglaries get more serious depending upon the circumstances. Some burglaries, for example, turn out to be overcharged trespasses and will get reduced from a felony to a misdemeanor on the court date. Other burglaries remain felony but involve non-residential establishments rather than homes and have lower penalties.

If the matter is reducible to a misdemeanor, the maximum possible penalty would be a year in jail. If not reducible and the property involved is not a residence, the burglary would be a state jail felony which carries a minimum of 6 months in jail and a maximum of 2 years in prison. A residential burglary is a felony on the second degree which carries a minimum of 2 years and a maximum of 20. A residential burglary in which the defendant entered the premises with intent to do commit a crime other than to commit a theft would be a felony of the first degree, which carries a minimum of 5 years and a maximum of 99. You can see the texas burglary statute here.

So as you can see, the consequences of this crime can potentially be very serious. The defendant will absolutely need a lawyer here. If he cannot afford one, he can plead not guilty and ask the court for a public defender.
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Customer: replied 4 years ago.

ok i see what you are saying its not really a buglary charge. he was charge with engaged in organized criminal activty will that be like same thing.

Customer: replied 4 years ago.
Relist: Incomplete answer.
Hello,

I am sorry for the delay but I have been away from the computer.

Only a burglary is a burglary. A charge of being engaged in criminal activity is similar to a conspiracy charge. I have linked you to the law. The defendant charged with this offense would be facing the same possible penalty as the person who actually committed the act itself. If that act was a burglary, then you already know the penalty. If that act was NOT a burglary then you need to know the act itself in order to determine what the possible sentence range will be.