Dallas Burglar Defense Lawyer
Defending You Against Burglary Accusations
A theft crime occurs when the perpetrator intentionally deprives another person of his or her property. In the event that the perpetrator breaks into a building in order to commit a theft, however, the crime will be charged as burglary.
What Is Burglary?
Under Texas Penal Code §30.02, burglary occurs when a person enters a habitation or any other building that is not open to the public and does so with the purpose of committing a theft, assault or any type of felony.
In addition to cases of unlawful entry, burglary also occurs when the perpetrator remains concealed with the intent to commit one of the crimes listed previously. Burglary may be charged even in cases where the perpetrator did not fully enter the building but only reached in or used a tool to reach in.
Types of Burglary Charges & Penalties in Texas
Burglary can be charged as a felony of the first degree in the event that it occurs in a home and anyone involved in the offense intended to commit, attempted to commit or did commit a felony other than felony theft, such as aggravated assault, rape or homicide.
- Burglary of a non-habitant building is charged as a state jail felony, which carries a possible sentence ranging from 180 days to 2 years of imprisonment and up to $10,000 in fines.
- Burglary of a habitation is a felony of the second degree, punishable by between 2 and 20 years and a $10,000 fine.
- Burglary of a vehicle can be a Class A misdemeanor, which is punishable by up to a year in jail and/or fines of up to $4,000.
If a person has a prior offense or if there are aggravating circumstances in the burglary, the penalties may be enhanced.
Strategies for Defending Against Burglary Charges
In some cases, the goal in defending against burglary allegations is to seek to have the charge reduced to criminal trespass, a similar but lesser offense. Criminal trespass is a misdemeanor, and it consists simply of entering or remaining on the property of another without consent despite being warned against entry or being ordered to leave.
In other cases, it is possible to beat the charges by pointing to the fact that there is not enough evidence to prove the defendant's guilt or by providing an effective alibi to prove that the defendant is innocent of the charges. The first step in any case is to hire a Dallas criminal defense attorney who can guide you through the court process and fight to clear your name.
Contact us now at the Mathur Law Offices, P.C., for a confidential case evaluation!