Burglary Defense

Texas Burglary Defense Attorneys in Houston

Burglary, a crime that involves unauthorized entry with the intent to commit a felony, theft, or assault, is a serious offense in Texas. The repercussions of a burglary conviction can be life-altering, making it essential to understand the nuances of the charge and the importance of brilliant legal representation. When you have the law firm of Walter J. Pink & Associates as your shield, the premier team of Houston Burglary Attorneys, you can trust us to defend your freedom.  

Defining Burglary in Houston, Texas

In Texas, burglary can be located in the Texas Penal Code (TPC) § 30.02 which states, in part:

1. A person commits an offense if, without the effective consent of the owner, the person:
   1. Enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault: or
   2. Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
   3. Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. 

For a burglary to be committed, one merely has to enter the premises with the intent to commit an underlying crime outlined in TPC § 30.02. Once a person enters with the intent to commit the underlying crime, the burglary is fulfilled and committed. Because there is a trespass element, the State of Texas, a castle doctrine state, treats all burglaries particularly seriously.

Unlawful entry includes overt actions such as entering and/or breaking a door or a window but it can also include subvert actions such as staying on a premises you no longer have access to.

Types of Houston Burglary Offenses

Burglary offenses in Texas can be categorized based on the nature of the property involved:

Houston Burglary of a Habitation

This involves unauthorized entry into a residence, such as a house, apartment, or any structure designed for overnight accommodation (such as motor homes). 

The penalties for Burglary are as follows:

• Up to 20 years the Texas Department of Criminal Justice and a fine up to $10,000 (TPC § 30.02(c)(2))
• Up to 99 years in the Texas Department of Criminal Justice and a fine of up to $10,000 if the intent to commit a felony other than theft. (TPC § 30.02(d) 

Houston Burglary of a Building

This pertains to unauthorized entry into any structure not classified as a habitation, such as stores, warehouses, offices, or general places of business in which no occupant lives or intentionally sleep overnight, with the intent to commit a felony, theft, or assault.

Penalties for Burglary of a building can be found in the Texas Penal Code (TPC) § 30.02 (c)(1) 22.02. 

• Up to 2 years in jail and a fine up to $10,000 (TPC § 30.02(c)(1))
• Up to 10 years in the Texas Department of Criminal Justice and a fine up to $10,000 if the commercial building is a pharmacy or a commercial building in which controlled substances are stored. (TPC § 30.02(c-1)) 

Are Hotels considered habitations?

Yes! Any room, building, or vehicle that is used with the intent of sleeping overnight or used as a domicile is considered a habitation according to the TPC. 

Houston Burglary of a Vehicle

Burglary of a vehicle can be found in the Texas Penal Code (TPC) § 30.04 and includes the same elements as Burglary however the major difference for this charge are the penalty ranges. 

The penalties for Burglary of a vehicle are as follows:

• Up to 1 year in jail and a fine up to $4000 (TPC § 30.04(d))
• Up to 1 year in jail with a minimum of 6 months in jail and a fine up to $4000 if the person has a previous conviction of a similar crime (TPC § 30.04(d)(1) 
• Up to 2 years in jail with a minimum of 6 months in jail and a fine up to $4000 if the person has two (2) previous convictions of similar crime or if the vehicle is a rail car (TPC § 30.04(d)(2) 
• Up to 10 years in the Texas Department of Criminal Justice and up to a $10,000 fine, if the vehicle broken into is owned by a wholesale distributor and intent to commit theft of a controlled substance. (TPC § 30.04(d)(2). 

Houston Criminal Trespass

Criminal trespass is not a burglary, however, it is a lesser included crime to burglary and shares some of the same elements as burglary. Criminal Trespass can be found in the Texas Penal Code (TPC) § 30.05 and states, in part:

1. A person commits an offense if the person enters or remains on or in the property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
   1. Had notice that the entry was forbidden; or
   2. Received notice to depart but failed to do so.

The Penalties for Criminal trespass can be a class A, B, or C misdemeanor depending on the factors and circumstances involved in the trespass. Generally, Criminal trespass of a building is Class B but the crime can be elevated to a Class A if one trespassed on another’s home, agricultural or freshwater areas, or if a weapon was involved.

The Role of a Texas Burglary Defense Attorney

Facing burglary charges in Texas underscores the importance of having a skilled defense attorney by your side.

1. Case Evaluation: An experienced attorney can assess the specifics of your case, identifying potential defense strategies.
2. Evidence Analysis: From challenging the validity of surveillance footage to questioning witness credibility, an attorney can scrutinize every piece of evidence and find holes for your freedom.
3. Legal Defense Strategy: Crafting a robust defense strategy is crucial. This could involve arguing a lack of intent, mistaken identity, or even consent to enter the property.
4. Court Representation: If the case goes to trial, our team of Houston burglary attorneys will advocate on behalf of the accused, presenting evidence and cross-examining witnesses.

In Conclusion

Burglary charges in Texas carry significant legal implications. Understanding the nature of the offense, potential penalties and the importance of brilliant legal representation is paramount. With the guidance of a dedicated Houston burglary defense attorney, individuals can navigate the complexities of the legal system, ensuring that their rights are protected and that they receive a fair and just trial.  

If you or a loved one are accused of any of the crimes listed on this page, or any crime at all, your life can be irrevocably changed, your liberties stripped, and your pursuit of happiness hindered. For these reasons, you and your family can not just trust anyone with such a serious life-altering matter. You can trust our team of Houston Burglary defense Attorneys to help you anywhere. We have received dismissals for our clients in Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, and can fight for you anywhere else in this great state of Texas.

Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands! Call us immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, 713-664-6651.