Legal Question in Criminal Law in Texas

My neighbor stole furniture from my covered porch. I have this on video.

My porch has 4 beams on the far side that are main supports. If they failed it would make the house and roof cave in.

I have video that she steal from me, and they want to charge her with only theft.

But shouldn't this be able to be upgraded to Burglary of a habitation?

The porch is connected to my house as I tried to describe above. It HAD furniture, and the porch is about 20 feet long by 8 feed wide. It has 4 sides, but it is not screened in.

They are giving me a day to prove to them that "other structure" equals a porch, as stated in 30.01.

Can anyone help me with a case study, or statue of some sort?

Thank you very much in advance.

I am in Texas by the way.


Asked on 4/12/16, 3:56 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Here is the Texas legal definition of habitation: "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. And while it seems to you that it is a habitation, it is not because there is no "entry". It is not enclosed and not meant to be overnight accommodations. It is a theft. (A storage room say for your washer drying that are in a structure appurtenant to the house but not actually in the house - connected to it - could be included.)

A defense lawyer would have that reduced to theft in a heartbeat even if you can get them to take such charges.

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Answered on 4/12/16, 4:10 pm


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