My husband threw a rock through a glass door,his friend went through and stole merchandise. What is my husbands charge?
(asked 172 months, 18 days ago in Mineral Wells, TX)
Just curious what my husband should be charged with for throwing the rock that broke the glass someone else went through to steal merchandise. My husband never entered the building or the merchandise.
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Theft crimes are taken very seriously in the state of Texas, and from the information you have given it sounds like burglary was committed. Burglary crimes include certain elements, such as trespassing, breaking, entering and intent. The act of breaking consists of creating an opening for entry into the building even when the use of force is not required. Common law used to say that if one entered through an open door or window, burglary was not committed. However, Texas and most of the others states no longer follow this rule and now consider “breaking” to be the slightest application of force to gain entry through a partially accessible opening.
Texas Penal Code says that there are three ways to commit burglary: by entering a building not open to the public with the intent to commit a felony, theft or assault, remaining concealed with the intent to commit a felony, theft or assault in a building, or by entering a building and attempting or committing a felony, theft or assault. In order to determine the specific penalties your husband will be held accountable for under the law, I recommend seeking the counsel of a skilled attorney who has handled burglary cases in the past.
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