Texas Criminal Defense Attorney Jim Sullivan Can Defend You on Burglary of a Habitation Charges
Houston Texas Criminal Defense Attorney Jim Sullivan has defended many memorable and colorful clients over the past 17 years. This is one of the those cases that stands out–the case of “Shoot me! Shoot me! Tase me! Tase me!”
His client was charged with two felony offenses–Burglary of a Habitation and Attempted Disarming of a Police Officer. The client went to his ex-girlfriend’s apartment in the early morning hours to talk to her. When she refused to open the door, he forced his way in. When she kept insisting that he leave, he went to the kitchen and grabbed a small steak knife. He threatened to kill himself and then began stabbing himself in the upper left chest and shoulder area, leaving small puncture wounds. When she still refused to cooperate, he told her that he would call 911 and that when the police arrived he would charge at them with the knife so they would shoot him. The police soon arrived. Fortunately, for him, he threw the knife down before charging at them, yelling “Shoot me! Shoot me! Tase me! Tase me!” The police officers did not comply with his demands. Instead, they tackled him to the floor. While on the floor, he tried to grab one of the officer’s weapons to shoot himself.
What explained his idiotic, insane behavior? You guessed it. He had spent the evening getting drunk at a local cantina.
In court, Houston Criminal Attorney Jim Sullivan argued that it was not a burglary of a habitation because his client did not enter the apartment to steal or to commit an assault against her. Instead, it was a trespass. Sullivan further argued that it was not an attempted disarming of a police officer because his client was not trying to take the weapon to harm the officer but to harm himself. Ultimately, his client pled to 30 days in the Harris county jail on a reduced charge of class A misdemeanor trespass to a habitation and the felony disarming case was dismissed.
Houston Criminal Defense Trial Lawyers Jim Sullivan and Associates represent real people charged with all kinds of crimes, including Burglary of a Habitation. If you need a Criminal Defense Attorney in any of the following counties: Harris, Galveston, Waller, Montgomery, Fort Bend, Liberty, Chambers, or Brazoria, you can call them right now at 281-546-6428.
TEXAS PENAL CODE
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, “enter” means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under this section is a:
(1) state jail felony if committed in a building other than a habitation; or
(2) felony of the second degree if committed in a habitation.
(d) An offense under this section is a felony of the first degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
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