Legal Question in Criminal Law in Texas

burgulary

my nephew went into walmart and stole a pair of boots, and they caught him inside the store and they charging him with burgulary instead of theft and we dotn understand


Asked on 12/01/08, 10:34 am

3 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: burgulary

Based on what you have written, it appears that the District Attorney may be overcharging the case in the hopes that your nephew may plead down the case. Burglary has specific elements which the DA must prove (TX Penal Code section 30.02) and Theft has different specific elements (TX Penal Code section 31). If my criminal defense law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 12/02/08, 10:17 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: burgulary

Me either.

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Answered on 12/01/08, 11:12 am
Andrew Casanave Andrew M. Casanave

Re: burgulary

If the store was closed that would make sense. Otherwise this is a theft.

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Answered on 12/01/08, 11:21 am


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