Houston Burglary Lawyer
Experienced Burglary Attorney Serving Clients In Houston, TX
Texas Burglary Charges
Texas Penal Code Section 30.02 defines burglary as the unlawful entering of a habitation or building with the intent to commit a felony, theft, or an assault. An unlawful entering occurs when the person does not have the effective consent of the owner of the premises that is not open to the public. Burglary can also be committed if a person remains concealed in a building or habitation with the intent to commit a felony.
Under Texas law, entering is defined as intruding into a building or habitation with “any party of the body; or any physical object connected with the body.”
Punishments for Burglary in Texas
If the building entered is a habitation defined as “a structure or vehicle that is adapted for the overnight accommodation of persons,” a prosecutor will seek second-degree felony charges. If the building is not a habitation, burglary will generally be charged as a state jail felony.
If the structure entered is a commercial building where controlled substances are stored, such as a clinic, hospital, nursing facility, or warehouse and the building was entered with the intent to steal those substances, then a person may face charges of a third-degree felony.
Finally, first-degree felony charges punishable by up to life in prison and a fine not to exceed $10,000 can be filed if the burglary occurs at a habitation, and it was entered with the intent to commit a felony other than felony theft or the attempt to commit theft.
Other Texas Burglary Charges and Criminal Trespass
The Texas Penal Code also outlines charges for several other kinds of burglary, including:
- Burglary of coin-operated or coin collection machines (Sec. 30.03)
- Burglary of Vehicles (Sec. 30.04)
- Criminal Trespass (Sec. 30.05)
- Trespass by License Holder with a Concealed Handgun (Sec. 30.06)
- Trespass by License Holder with an openly carried handgun (Sec. 30.07)
Defending Burglary Charges in Texas
If you are arrested for burglary charges, you need to consult with an experienced attorney immediately. Several defenses may apply in your case, such as having the consent of the owner to be on the property, lack of intent, and mistake of fact. Without the help of a knowledgeable Texas Burglary Defense Lawyer, you could be facing the loss of your freedom. You need to act fast to preserve your rights and to get your case started. Contact the Law Office of James Alston today to schedule a consultation at (713) 228-1400.