Burglary, a crime that involves unauthorized entry with the intent to commit a felony, theft, or assault, is a severe offense in Texas. When you have the law firm of Walter J. Pink & Associates as your shield, the premier team of Houston criminal defense attorneys, you can trust us to defend your freedom.
We have over five decades of generational knowledge, resources, and experience that we will put behind your charges. Our legal team will provide you with ongoing counsel, a wealth of investigatory resources, and protection from prosecutors and law enforcement throughout the process.
Call (713) 664-6651 to schedule your free consultation with our firm’s Houston burglary defense lawyers today.
Why Hire Walter J. Pink & Associates, PC for Your Case?
Knowing whom to trust is tantamount to your case. After all, it cannot be the police or prosecutors, so hiring the right Houston burglary defense lawyers to represent your side of the story is essential.
Peers and clients say that they choose the expert team at Walter J. Pink & Associates, PC for:
- Knowledge: We have over five decades of collective legal experience, giving us incredible knowledge across three generations of Houston burglary defense lawyers!
- Experience: After representing more than 25,000 cases, our legal team has seen many different types of cases and devised many successful strategies.
- Results: Regardless of how much evidence prosecutors think they have against you, we will investigate every facet of your case so that you do not get convicted for a crime you did not commit.
Defining Burglary in Houston, Texas
State laws attach specific definitions to what they consider to be an offense; burglary charges are no different:
Burglary, according to Texas Penal Code (TPC) § 30.02:
A person commits an offense if, without the effective consent of the owner, the person:
- 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
- Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- Enters a building or habitation and commits or attempts to commit a felony, theft, or assault.
For a burglary to be committed, one merely must enter the premises with the intent to commit an underlying crime outlined in TPC § 30.02. Once a person enters intending 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 breaking a door or a window. Still, it can also include subvert actions such as staying on a premises you cannot access.
If you are charged with assault as well, one of our expert Houston assault defense attorneys can assist you.
Types of Houston Burglary Offenses
Burglary offenses in Texas can be categorized based on the nature of the property involved: The legal team at Walter J. Pink & Associates, PC represents the following types of burglary charges:
Houston Burglary of a Habitation
This act 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 act 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 sleeps 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 significant difference for this charge is 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).
Walter J. Pink & Associates, PC can help you pursue compensation with one of our Houston auto theft defense lawyers today.
Houston Criminal Trespass
Criminal trespassing is not burglary; however, it is a lesser-included crime than burglary and shares some of the same elements. Criminal Trespass can be found in the Texas Penal Code (TPC) § 30.05 and states, in part:
- 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:
- Had noticed that the entry was forbidden or
- 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 trespassing in a building is Class B. Still, the crime can be elevated to Class A if one trespassed in another’s home, agricultural or freshwater areas, or if a weapon was involved.
Possible Defenses to Burglary Charges
Our legal team investigates the facts independently after a client hires us. We will use this information to determine what the prosecutor can and cannot prove while asking you for clarity. From there, your legal options, strategies, and defenses are more fully available, giving us a better picture of how much control over the situation you have.
The Houston burglary defense attorneys at Walter J. Pink & Associates, PC, might recommend any number of defenses, including:
- No criminal intent
- Under immediate threat
- Necessity
- Unmet burden of proof
- Other robbery defenses
Other options are available if you think it may be challenging to win at trial due to the specific facts. Whether it be a lesser charge or more favorable sentencing terms, count on our firm to follow your chosen strategy.
We are not afraid of negotiating with prosecutors or presenting a compelling defense at trial after determining the direction in which you wish to take your case.
Call Our Houston Burglary Defense Attorney for a Free Consultation
Our legal system gives you a chance to fight back against your charges. However, making as many aspects of it right as possible is critical, such as filing pleadings, attending hearings, and positioning your defense favorably.
Start protecting yourself today by scheduling a free consultation with the Houston burglary defense lawyers at Walter J. Pink & Associates, PC, by calling (713) 664-6651 or messaging us.