Initials: M.A.
Charges: Burglary of Habitation (Second Degree Felony – F2)
Outcome: Case Dismissed — Insufficient Evidence for Prosecution
Lead Attorney: David Payma, Texas Defenders

Case Dismissed: Burglary of Habitation — F2 Felony

Summary:
Our client was arrested and charged with burglary of habitation after a physical altercation at her child's father's home in DeSoto. The complainant alleged that our client forcibly entered the residence and assaulted her. Body cam footage, Ring video, and witness statements were collected by law enforcement, and the case was promptly filed as a second-degree felony.

Texas Defenders immediately filed a letter of representation and began a detailed investigation, demanding all available discovery. Over the course of several months, our attorneys examined every shred of police evidence—including conflicting statements, surveillance footage, and body cam recordings. Our legal team identified substantial issues in the prosecution's ability to prove the element of “entry without effective consent,” a required element for a burglary conviction under Texas Penal Code § 30.02(c)(2).

Ultimately, the Dallas County District Attorney's Office agreed that they could not make a prima facie case and filed a motion to dismiss the charge entirely. The court granted the motion, and all charges were dropped.

Result:
Case Dismissed – No conviction, no probation, and no criminal record.