Contesting Burglary Charges
If you are under investigation or have been arrested for burglary in Texas, it is crucial to realize how serious of a case you will be fighting. Because of the serious consequences of a burglary charge can have on ones freedom and record, it is understandable why an individual would be nervous facing such a charge. After all you could be facing serious fines and more importantly for most is significant jail or prison time if you are convicted.
The lawyers at Hildreth & Rueda work with every client to ensure that a fair trial takes place. Your life and freedom as you know it are at stake when you are charged with burglary. Depending upon the circumstances of your situation, you could even have to spend the rest of your life in prison. If you or a loved one is facing this type of charge, you need to take action immediately. Take the necessary steps to protect your constitutional rights by speaking with our competent attorneys as soon as possible.
Understanding Burglary In Texas
There are several different types of burglary charges that you could face in Texas. Generally speaking, burglary is distinguished from other theft crimes in Texas because burglary contains the element of entering into a building with the intent to criminally steal another person’s property.
Burglary is defined under the Texas Penal Code, Title 7, Chapter 30 as doing one of the following without the consent of the property owner:
- Entering a habitation, a building, or any part of a building not open to the public with the intent to commit a felony, a theft or an assault;
- Remaining concealed in a building or habitation with the intent to commit a felony, a theft, or an assault; or
- Entering a building or habitation and committing or attempting to commit a felony, theft, or an assault.
It must be noted that you can be charged with burglary if any part of your body or any object that you are holding or is somehow attached to your body has entered the building. For example, you can still be charged with burglary if you are holding a flashlight and you have poked it into a door or window of a house or building that is not open to the public.
Depending upon the type of building that you were allegedly seen or caught entering, you could be charged with a state jail felony, second-degree felony or a first-degree felony with a maximum of life in prison.
Typically, Burglary is as a state jail felony and is punishable by up to two years in a state jail and a fine reaching $10,000. However, if it is committed upon a habitation, or a home, it is classified as a second-degree felony. Second-degree felonies carry up to 20 years in prison.
Burglary Of A Vehicle In Texas
Burglary of a vehicle is defined as breaking into or entering a vehicle without the owner’s consent with intent to commit a felony or a theft. This crime is classified as a Class A misdemeanor, carrying up to one year in jail. If, however, you have a criminal record, including two or more similar charges, the charge can be elevated to a state jail felony.