Legal Question in Criminal Law in Texas
Here's the situation: My son was told that he could come over to "jones" home whevever he wants to to simply relax, eat, sleep whenever he wants to. He dad no contact with "jones" for a year and had absolutly no time over at the house since the day he was told such. A year goes by and he goes into the house when the owner was not there and steals an item worth approx. $600. Is this a case of theft or burglary?
He is being charged with burglary. please help!!
1 Answer from Attorneys
Burglary. He was given limited permission to enter, if he was given any permission (and he was NOT given permission to steal), and because he had never gone into the home and had no contact for a year, then the permission was not longer available as a defense to a burglary charge. The proper charge is burglary. (And, what evidence is there that he had permission in the first place besides your son's claim?)
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