Burglary Defense Lawyer

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Georgetown Burglary Defense Lawyer

What’s the legal definition of burglary in Texas? 

Burglary is: 1) unlawful entry or remaining in any structure- whether public or private- and;  2) with the intent to commit a felony, theft, or assault inside. As a result, this is a two part crime. The prosecutor would have to prove the unlawful entry or remaining and the intent to commit a felony, theft or assault inside.

Ok, now what does that mean to you? 

  • Part 1 of the Crime – The entry or remaining in a structure.

As far as entering a structure goes, it can be your whole body, your foot, or even sticking your hand inside a window! The type of structure entered can be a home, vehicle, or business for example. For the burglary of a habitation (a house) you’re looking at 2 years to 20 years. For the burglary of a non-habitation (let’s say it’s a backyard shed) you’re looking at 6 months to 2 years, day for day, in a State Jail. If the structure is a vehicle, you’re looking at up to a year in the county jail, a $4,000 fine, or both.

  • Part 2 of the Crime – Intent to commit a felony, theft or assault

This is where things might get difficult for the State when trying to prove their case against you. If they’re trying to show you intended to commit a felony inside, there has to be some evidence of that felony.

Questions to Consider…. 

What was the reason for you being inside in the first place?

Were you taking items out of the house?

Did you stuff jewelry into your pockets?

Did you get into a fight with someone while you were inside?

How does this affect your case? 

A conviction for burglary of a habitation is the most severe of the charges. If a man’s home is his castle, then the burglary of someone’s home can be really really scary. If you’re charged with burglary, you might be looking at 20 years in prison. Plea bargaining is a big part of our criminal justice system. The decision whether or not to take a plea bargain is huge and it’s yours alone. As with all cases, depending on the facts, you may be eligible for some type of probation in Texas. Whether it’s a Deferred Adjudication or a Straight Probation that’s offered, makes a difference. You should have good advice on your side to judge the strengths and weaknesses of your case.