Legal Question in Criminal Law in Texas

Aggravated Burglary

My husband and a friend got drunk, hit a man on a bicycle, proceded to get out of the car and beat the man up then the friend stole the man's money. The car was mine, reported stolen for insurance purposes. The car was spotted, pulled over and the two arrested. The police statement states that hitting the cyclist was an accident and the money was found under the seat, not on anyone's person. My question is this, my husband has been charged with aggravated burglary. There is no way to prove he was the one who beat the man nor is there any proof that he was the one who took the money as another man was involved. A friend who is a lawyer recommended getting the charge dropped to assault and pleading for the mercy of the court. This is my husband's first major felony but is his second felony in Texas. What are the odds of his getting this dropped to assault and possibly being sentenced to intensive probation?


Asked on 2/23/01, 12:20 am

1 Answer from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: Aggravated Burglary

Unfortunately, the only answer I can give you is that each county in Texas has an independent prosecutor, and different counties handle their cases in very different ways.

Reply with the county that is prosecuting, and if I have any information about that county I will respond.

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Answered on 4/28/01, 2:42 am


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