FOCL Practice Test

When a home invasion occurs in Texas, it is generally prosecuted as a combination of which offenses?

1. Robbery and assault

2. Criminal trespass and theft

3. Burglary and theft

4. Robbery and burglary

The correct answer is: Criminal trespass and theft

In Texas, the legal framework for home invasion typically involves a breach of a person's dwelling with the intent to commit an unlawful act, which aligns with the definitions of criminal trespass and theft. Criminal trespass involves entering a property without permission, particularly in a situation where an individual is knowingly entering the home of another unlawfully. This is a foundational aspect of home invasion cases. The element of theft comes into play when the individual unlawfully takes property from the home, which is often the motive behind the invasion. Therefore, the combination of criminal trespass and theft accurately reflects the legal considerations that would typically surround a home invasion scenario. While burglary and robbery are related offenses, they imply different elements. Burglary focuses specifically on the unauthorized entry with intent to commit a crime inside, while robbery involves taking property from a person through the use of force or intimidation. Since home invasion doesn't always involve force against a person at the time of entry, the prosecution typically emphasizes criminal trespass and theft for these incidents.