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Mr. Lofton
Mr. Lofton, Lawyer
Category: Criminal Law
Satisfied Customers: 1291
Experience:  25 years experience
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My boyfriends childs mother leaves her door unlocked and ...

Customer Question

My boyfriends childs mother leaves her door unlocked and anybody is allowed to walk in and out. Hes always done so. One night he and I went to drop off his daughther, he opened the door and walked in to drop off the child off, when he and the mother had some exchanged for words. She called the police, and he sits in jail charged with burglary of habitation. Can he fight this?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 9 years ago.

Of course he can fight it. First he can get out of jail by posting bail. The he can defend himself in court against a charge of burglary - if he can't afford a lawyer the court will appoint one at no charge. Texas law defines "burglary" like this:

§ 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.

Since your boyfriend's only "intent" was to drop his dauhter off, he did not commit "burglary". This is a non-starter for the prosecution and your boyfriends lawyer will see that in a minute!

All the best,