A burglary charge in Fort Bend County is a felony that can follow you for life. Whether you’re accused of breaking into a home, a commercial building, or a vehicle, the stakes are serious — and the time to get a skilled criminal defense lawyer on your side is now.
Defending Burglary Charges in Fort Bend County
Varghese Summersett is a top-rated Texas criminal defense firm with a team of highly skilled attorneys in four offices across the state, including a Houston-area office that serves Fort Bend County. The firm has secured more than 1,600 dismissals and 800+ charge reductions for clients across Texas.
Leading the Houston and Fort Bend County criminal defense practice is Mike Hanson, a Senior Counsel and Board Certified attorney with over a decade of experience as a prosecutor, military lawyer, and criminal defense attorney. Before joining Varghese Summersett, Hanson served as an Assistant District Attorney in Fort Bend County — giving him direct, firsthand knowledge of how prosecutors in this jurisdiction build and pursue burglary cases. He has tried more than 60 cases before a jury. He is Board Certified in Juvenile Law by the Texas Board of Legal Specialization and his practice includes felony property crimes.
The firm’s criminal defense team also includes Board Certified Criminal Law Specialists, former chief prosecutors, and attorneys who have collectively tried hundreds of cases before Texas juries. When you’re facing a burglary charge in Fort Bend County, Varghese Summersett brings institutional knowledge of local courts, local prosecutors, and local procedure that most law firms simply cannot match.
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What You’re Probably Wondering Right Now
If you or someone you love has been charged with burglary in Fort Bend County, you likely have a lot of questions. Here are some of the most common ones we hear:
Is burglary always a felony in Texas? Yes. Every form of burglary under Texas law is charged as a felony. There is no misdemeanor burglary charge in Texas.
What’s the difference between burglary and robbery? Many people use these words interchangeably, but they mean very different things under Texas law. Burglary involves unlawfully entering a structure or vehicle with intent to commit a crime inside. Robbery involves taking property from a person directly, through force or threat. You can read more in our blog on the difference between burglary and robbery.
Can a burglary charge be dismissed? Yes. Burglary charges are defensible, and Varghese Summersett has obtained dismissals and no-bills in burglary cases. The specific facts of your case determine which defense strategies apply.
Do I have to prove I’m innocent? No. The burden of proof rests entirely on the State. You are presumed innocent, and the prosecution must prove every element of the offense beyond a reasonable doubt.
What Is Burglary Under Texas Law?
Texas defines burglary in Texas Penal Code § 30.02. The law covers three distinct types of conduct. A person commits burglary if, without the effective consent of the owner, they:
- Enter a habitation or building not then open to the public with intent to commit a felony, theft, or assault; or
- Remain concealed in a building or habitation with the intent to commit a felony, theft, or assault; or
- Enter a building or habitation and commit or attempt to commit a felony, theft, or assault.
Burglary of a vehicle is covered separately under Texas Penal Code § 30.04, which makes it a crime to break into or enter a vehicle without the owner’s consent with intent to commit any felony or theft.
To secure a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt — the highest legal standard in our justice system:
- The defendant entered (or remained concealed in) a habitation, building, or vehicle;
- The entry or concealment occurred without the effective consent of the owner;
- The defendant had the intent to commit a felony, theft, or assault — or actually committed or attempted to commit one while inside.
The burden of proof rests entirely on the State. A defendant in a burglary case has no obligation to prove innocence, testify, or present any evidence whatsoever.
Penalties for Burglary in Fort Bend County
The punishment range for a burglary conviction in Texas depends heavily on what type of structure was entered and what the accused intended to do:
- Burglary of a Habitation (§ 30.02(c)(2)): Second Degree Felony — 2 to 20 years in prison and up to a $10,000 fine.
- Burglary of a Habitation with Intent to Commit Another Felony (§ 30.02(d)): First Degree Felony — 5 to 99 years or life in prison and up to a $10,000 fine.
- Burglary of a Building (§ 30.02(c)(1)): State Jail Felony — 180 days to 2 years in a state jail facility and up to a $10,000 fine.
- Burglary of a Vehicle (§ 30.04(d)): Class A Misdemeanor for a first offense, but enhanced to a State Jail Felony with two or more prior convictions.
Beyond the prison sentence and fine, a felony burglary conviction carries consequences that can reshape your entire life. You may lose the right to vote, own a firearm, or hold a professional license. Employers, landlords, and financial institutions routinely reject applicants with felony records. The sooner you have an experienced Fort Bend criminal defense lawyer in your corner, the better your position.
Burglary Bond Amounts in Fort Bend County
One of the first priorities after a burglary arrest is getting out of custody. Bond allows you to return home while your case works through the court system — and having a criminal defense attorney working on your case from the outside makes a significant difference in strategy and outcome.
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here is what we found for burglary-related charges:
Typical Bond Amounts for Burglary Charges in Fort Bend County
| Charge | Cases Analyzed | Average Bond | Most Common Bond |
|---|---|---|---|
| Burglary of a Habitation (§30.02(c)(2)) | 87 | $55,679 | $20,000 |
| Burglary of Habitation — Intent Other Felony (§30.02(d)) | 10 | $68,000 | $25,000 |
| Burglary of a Building (§30.02(c)(1)) | 59 | $45,877 | $10,000 |
| Burglary of a Vehicle (§30.04(d)) | 52 | $7,795 | Varies |
| Burglary of Vehicle — 2+ Prior Convictions (§30.04(d)(2)(A)) | 11 | $35,955 | $30,000 |
Bond amounts are set by a judge and can be reduced through a bond hearing. An attorney can argue for a lower bond based on your ties to the community, employment, prior record, and other factors. Reach out to discuss your bond situation — an attorney is available around the clock.
Common Defenses to Burglary Charges
Because the prosecution must prove each element of burglary beyond a reasonable doubt, a strong defense focuses on challenging one or more of those elements. The most effective defenses depend entirely on the facts of your case, but some of the most frequently raised include:
Lack of intent. Intent is a critical element. If the prosecution cannot prove that you entered with the intent to commit a felony, theft, or assault — or that you actually committed or attempted such an offense — the charge cannot stand. Many cases hinge on this element.
Consent of the owner. Burglary requires entry without the owner’s effective consent. If you had permission to be on the property, that negates a core element of the offense. Defense attorneys look closely at the nature and scope of any permission that was given.
Misidentification. Eyewitness identifications are notoriously unreliable. If the State’s case rests on a witness pointing you out — whether in a lineup, a photo array, or from a distance — that identification can be challenged through cross-examination and, where appropriate, expert testimony.
Unlawful search and seizure. Evidence gathered in violation of your Fourth Amendment rights may be suppressible. If police searched your vehicle, home, or person without a valid warrant or recognized exception, a motion to suppress could eliminate key evidence against you.
Alibi. If you were somewhere else when the offense occurred, a documented alibi supported by witnesses, surveillance footage, phone records, or other evidence can directly undermine the prosecution’s case.
Insufficient evidence. The State carries the burden. If the physical evidence, witness testimony, or other proof falls short of establishing guilt beyond a reasonable doubt, the jury must acquit. Defense attorneys at Varghese Summersett scrutinize the State’s evidence at every stage.
You can also read more about related defenses and charges on our pages covering burglary defense and burglary of habitation.
Past Results in Burglary Cases
Varghese Summersett has secured favorable outcomes in burglary cases, including dismissals and no-bills from grand juries in both burglary of a habitation and burglary of a vehicle cases. No two cases are the same, and past results do not guarantee a future outcome. What they do reflect is a firm with the skill and experience to fight effectively for clients facing these serious charges.
The Legal Process: What to Expect After a Burglary Arrest in Fort Bend County
Understanding what lies ahead can help you make better decisions at every step. Here is a general overview of how a burglary case moves through the Fort Bend County criminal justice system:
Arrest and booking. After an arrest, you’ll be processed at the Fort Bend County Jail in Richmond. A bond will typically be set either by a magistrate at a bond hearing or according to a preset schedule.
Grand jury or charging decision. For felony charges, the prosecutor may present the case to a grand jury, which decides whether there is probable cause to indict. A no-bill — a grand jury’s decision not to indict — results in the case being dismissed. Defense attorneys can sometimes provide grand jury packets that give jurors context the prosecution might not share.
Pretrial proceedings. This phase includes discovery (reviewing the State’s evidence), filing motions to suppress or dismiss, and negotiating with prosecutors. A significant portion of cases resolve during pretrial through dismissal or a plea agreement.
Trial. If no acceptable resolution is reached, the case proceeds to trial. Fort Bend County criminal courts are located at the Fort Bend County Justice Center, 1422 Eugene Heimann Circle, Richmond, TX 77469. You have the right to a jury trial, and the jury must reach a unanimous verdict to convict.
Sentencing. If convicted, the judge — or jury if you elect jury punishment — determines the sentence within the applicable punishment range. Factors like prior criminal history, the nature of the offense, and mitigating circumstances all play a role.
Throughout every stage, having an experienced Fort Bend criminal defense lawyer fighting for you is essential. The decisions you make early — including whether to talk to police, whether to accept a plea offer, and how to approach the grand jury process — can have lasting consequences.
What to Expect From Varghese Summersett
Varghese Summersett is not a volume operation. We take a strategic, attorney-driven approach to every criminal case. When you call our firm, here is what you can count on:
Knowledge of Fort Bend County courts. Our senior counsel Mike Hanson previously served as an Assistant District Attorney in Fort Bend County. He knows the prosecutors, the courts, and the specific ways burglary cases are handled in this jurisdiction. That local knowledge is not something you can find everywhere.
A team behind your attorney. With more than 70 legal professionals across four offices, Varghese Summersett brings deep resources to every case. Your case benefits from the collective knowledge of a firm that has handled thousands of felony criminal matters in Texas.
Honest advice, not empty promises. We will give you a clear-eyed assessment of your situation — the strengths, the weaknesses, and the realistic range of outcomes. Our job is to protect your rights and fight for the best possible result, not to tell you what you want to hear.
Availability when you need it. Criminal cases don’t follow a nine-to-five schedule, and neither do we. Attorneys are available seven days a week, because serious legal situations demand serious accessibility.
Whether this is your first criminal charge or you’ve been through the system before, Varghese Summersett has the experience and the drive to make a difference in your case. Call (281) 805-2220 to speak with a Fort Bend burglary defense attorney today.
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Burglary in Texas: Watch Before You Talk to Anyone
Our attorneys explain the key legal distinctions in burglary cases — including how prosecutors build their cases and where defenses commonly arise.
Frequently Asked Questions: Burglary Charges in Fort Bend County
Can I be charged with burglary even if I didn’t steal anything?
Yes. Under Texas Penal Code § 30.02, burglary is complete the moment a person enters a structure without the owner’s consent with the intent to commit a felony, theft, or assault. The offense does not require that anything actually be taken or that the crime inside be completed. Intent is the key element, and that can be established through circumstantial evidence.
What happens if I’m accused of burglary but I had permission to be there?
Consent is a complete defense to burglary. If the owner gave you permission to enter — even if that permission was later disputed — your attorney can challenge the State’s claim that you entered without effective consent. The exact nature, scope, and circumstances of any permission given are factual issues that can be litigated aggressively.
Is burglary of a vehicle the same as burglary of a house?
No. They are separate offenses with different punishment ranges. Burglary of a vehicle under § 30.04 is typically a Class A Misdemeanor for a first offense — though it enhances to a state jail felony with two or more prior convictions. Burglary of a habitation is a second degree felony by default, and can rise to a first degree felony depending on the circumstances. You can learn more on our burglary of a vehicle page.
Will I go to prison if convicted of burglary of a habitation in Fort Bend County?
A conviction for burglary of a habitation carries a sentencing range of 2 to 20 years as a second degree felony. Whether a person is sentenced to prison, placed on community supervision (probation), or receives deferred adjudication depends on the facts, criminal history, and the strength of the defense. An experienced defense attorney can make a significant difference in the outcome at every stage.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent, and exercising that right is almost always the right decision. Statements made to police — even ones you believe are helpful or innocent — can be taken out of context, twisted, or used to fill in gaps the prosecution couldn’t otherwise prove. Do not speak to investigators about a burglary accusation without an attorney present.
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Speak With a Fort Bend Burglary Lawyer Today
A burglary charge is one of the most serious property crime allegations in Texas. The consequences of a conviction — prison time, a permanent felony record, lost rights, damaged opportunities — are too significant to face without skilled legal representation. Varghese Summersett has the courtroom experience, local knowledge, and track record to defend you effectively at every stage of the process.
Attorneys are available 24 hours a day. Call (281) 805-2220 to speak with a Fort Bend County burglary defense attorney at no charge.