texas flag and law

The alleged assailant in the Pelosi house attacked Paul Pelosi with a hammer. He was booked into the San Francisco jail on several felony charges, including attempted homicide, elder abuse, and assault with a deadly weapon. While all states have similar charges, what could he be charged with in Texas?

* Burglary of a Habitation. It is common to associate the term “burglary” with theft. But
you can be charged with burglary of a habitation for many non-theft-related actions.
Paul Pelosi’s assailant could be charged with burglary of a habitation with intent to
commit an assault or did commit assault. Burglary of a habitation is a second-degree
felony. The Pelosi intruder would be facing a minimum of 2 years in prison and a
maximum of 20 years in prison.

* Aggravated Assault with a Deadly Weapon. Any item can be considered a deadly
weapon based on the manner and means of its use. If the use of the item could cause
death, then it will be considered a deadly weapon. If the Pelosi intruder assaulted Paul
Pelosi with a hammer, the hammer would be considered a deadly weapon in Texas.
Aggravated assault with a deadly weapon is also a second-degree felony.

* Criminal Trespass. If the Pelosi intruder did not have the intent to assault Paul Pelosi
but merely wanted to look around the house, he could be charged with criminal
trespass in Texas. Criminal trespass is a misdemeanor offense. The Pelosi intruder
could go to jail for up to 1 year. A good Tarrant County criminal defense attorney will make
this argument!

Call the attorneys at Gebhardt and Eppes, PLLC, today to set up your free consultation.