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I went into a vacant home and took some property. the house was occupied 10 plus years ago but is now used as a storage place. I was charged for 2nd degree burglary of habitation and have doubts that my crime was a form of that charge since the house had no water nor electricticy for 5 continious years
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Criminal Law Attorney serving Houston, TX
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The Law Office of Rick Oliver
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That may be true. If no one was living there the correct charge may be Burglary of a Building, or perhaps a Theft case could be negotiated on your behalf. If it can be argued that the building was abandoned, and so with it the property inside, then it's theoretically possible no charges should be filed.
Answered on Jan 21st, 2014 at 3:09 PM
Assault Attorney serving Richardson, TX
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You may be correct. If not used as a dwelling the proper charge burglary of a building.
Answered on Jan 19th, 2014 at 11:09 AM