Legal Question in Criminal Law in Texas

Hello...Question for you Guru's! I apologize in advance if it gets to wordy. A boyfriend and girlfriend sharing a residence for 6 years get into an arguement, the girls moves into the guest bedroom. They continue to argue, so she decides to get a few things and leave. The guy goes into the guest bedroom locking the door behind him. So now he's in the room with her purse, keys, clothes, laptop, etc...the door is locked and he is refusing to unlock it. After asking him repeatedly to unlock the door so she can get her things, she decides to break the bedroom door down with a hammer. However, before she began her unsuccessful attempt, she gave him the choice...unlock the door so she can get her things or get prepared for her to break the door down...seems fair to me. As you guessed, he chose the latter. After several holes were put in the door she gives up, puts the hammer back in the garage, goes into the master bedroom to calm down and wait for him to come out. A few moments later a police officer walks in, tells her to stand up, put her hands behind her back, cuffs her and carts her off to jail refusing to even tell her why she is being arrested. After spending almost 24 hours in jail and still unaware of what she is charged with she sees the Judge who reads her her rights, then her charge...terroristic threat with a deadly weapon and ends with slapping her with a 90-day protective order which prevents her from going anywhere near her home. Is it me or is this insane? This was her home, her door and her hammer...if she wants to destroy her own property in order to gain access to, again, her property, shouldn't that be her call? May be a stupid call, but nonetheless her call. Even the boyfriend was shocked when he heard the charge! Is this right? Can she get this dropped? If so, how? If not, what punishment can be expected? Your advice and opinions are very much needed and please know that they will also be very much appreciated. Oh, and the arguement that started this chaos...it's been long forgotten!

Thanks so much!

Lauren


Asked on 8/01/11, 6:17 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

First - boyfriend may be acting shocked but he is not that shocked since his story is what got her arrested in the first place. . . . The police didn't just come in and come up with a story - it came from somewhere (and even if a neighbor called, they didn't know about the hammer.)

Second - she is not charged with damaging the door - that would be criminal mischief. She is charged with threatening the boyfriend although it can be that the threat was via damaging the door. Here is the relevant portions of the statute:

Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (2) place any person in fear of imminent serious bodily injury; (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:(1) is committed against a member of the person's family or household or otherwise constitutes family violence; (f) In this section: (1) "Family" has the meaning assigned by Section 71.003, Family Code.(2) "Family violence" has the meaning assigned by Section 71.004, Family Code .(3) "Household" has the meaning assigned by Section 71.005, Family Code.

So, she is accused of a serious Class A misdmeanor which carries up to 1 year in jail & up to a $4,000 fine as the maximum punishment. One reason it is serious is because if she is convicted, if she is ever charged with family assault in the future, it is automatically a felony.

Even if the bf wants to drop the case, it is not his decision. It will be up to the prosecutor. However, it sounds like she has a good defense in that she was attempting to protect her property which she reasonably expected would be damaged.

She really needs a good lawyer. And, BTW, the protective order can be dropped at the request of the bf to the magistrate who signed it. Her lawyer can help make that happen.

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Answered on 8/01/11, 10:46 pm


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