Can my son’s wife be charged with burglary or other crime?

UPDATED: Sep 30, 2022

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Can my son’s wife be charged with burglary or other crime?

My son’ s wife moved out almost 3
months ago. She left without their
She broke into the house I own the
house. She others stole over
10,000 worth of items. mostly
community property, his property gun
my property
Can she be charged criminally?

Asked on May 26, 2016 under Criminal Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your son's wife can be charged with burglary.  Burglary is breaking and entering into your house with the intent to commit a felony.  The felony was larceny (the theft of the items you mentioned).  If some of those items belonged to her, that would not be larceny because the items taken would have to belong to another.  Other items that were taken which did not belong to her would constitute larceny.
Since you said that others were involved, there would also be a charge of conspiracy to commit burglary.

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