My client was charged with Burglary of a Habitation with intent to commit aggravated assault. During the alleged commission of this offense my client was on parole for a similar offense.
The State of Texas alleged that my client broke thru the window of his estranged common law wife’s apartment, and attacked her with a kitchen knife. (aggravated assault)
Complainant was talking to 911 while my client entered the apartment. On the 911 recording of the call, she could be heard screaming bloody murder, “he’s cutting me with a knife”, etc.
Burglary With Intent to Commit Aggravated Assault
The State of Texas offered 40 years in prison as a plea bargain.
On first look, the evidence overwhelming pointed to guilt. My client insisted he was innocent, so we set it for trial.
I subpoenaed the hospital and apartment records.
On cross-examination, the hospital records showed superficial wounds and the maintenance records for the apartment complex showed that the broken window glass was on the outside of the apartment thus casting doubt on the complainant’s testimony that her husband broke the window from the outside while entering the apartment.
Also, the jury may not have believed the estranged wife’s testimony because, during cross-examination, the defense was able to show that the wife had other issues and wanted to punish the estranged husband.
This case was the prosecutor’s only loss in 71 felony trials.
Contact Houston Criminal Defense Lawyer Jack B. Carroll
Burglary or Aggravated Assault
Tell Me About Your Case 713-228-4607
PLEA BARGAIN OFFER: 40 YEARS
Results due to being represented by Houston, TX based criminal defense attorney Jack B. Carroll;
Not Guilty of Burglary with Intent to Commit Aggravated Assault.
However, client was found guilty of misdemeanor criminal trespass. A Class A misdemeanor.
CASE RESULT: My client was given credit for time served.
If you’ve been charged with a Burglary, aggravated assault, or need a Houston criminal defense Lawyer to represent you, or someone you know in the Greater Houston TX area for any accusation levied on you by law enforcement, give me a call for a free case evaluation. My name is Jack B. Carroll, an experienced criminal defense attorney.
Call me today at 713-228-4607.
Related Practice Areas of Houston Criminal Defense Attorney Jack B Carroll;
Houston Assault Domestic Violence Protective Orders