Legal Question in Criminal Law in Texas

Two indictments, two victims, same crime

If you were charged with Burglary with the intent to commit a felony can you be indicted for Burglary with the intent to commit a felony against one victim and then Burglary with the intent to commit a felony against a second victim. Same incident with two victims. One was not named a victim at the time but was named a victim after she did not press charges and the state picked it up and sent her papers naming her as a victim. Can the state press charges if you don't want or don't feel like a victim?


Asked on 2/22/06, 12:49 pm

1 Answer from Attorneys
John Floyd John T. Floyd Law Firm - HOUSTON FEDERAL CRIMINAL LAWYER

Re: Two indictments, two victims, same crime

The short answer to both of your questions is Yes, unfortunately. The State decides how to plea case and if you have more than one victim, then you have more than one offense. They cannot stack the punishment, on sentencing, but they can have two bites at the apple, as far as trials are concerned.

As far as second part of your question, it doesn't matter, technically, if someone wants to press charges or not. The DA files the charge in the name of the State, who is their client. However, it could have some practical effect, in the form of dismissing the case or some kind of leniency, if the "victim" doesn't want to press the charge and refuses to cooperate with the prosecution.

Good Luck



JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

WWW.JOHNTFLOYD.COM

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Answered on 2/22/06, 6:28 pm


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