Fort Worth Burglary Lawyer
Burglary charges carry serious consequences in Texas including prison time, fines, and being labeled a felon. Our Fort Worth burglary lawyers are experienced in defending all levels of burglary charges and are prepared to stand by you every step of the way.
Overview of Burglary
Texas Penal Code §30.02 establishes the legal definition of burglary. A burglary occurs when a person enters or remains on private property with the intent to commit a felony, theft, or assault. The intent to commit a felony, theft, or assault, can be formed before the property was entered, or after the property was entered.
For a prosecutor to prove that the accused committed the crime of burglary, they must prove each element of the offense beyond a reasonable doubt.
First, the prosecutor must establish entry without permission or concealment. Entry is without permission when the owner has not given consent to be on the property. Remaining concealed on the property without the consent of the owner also suffices to establish this element.
Second, the prosecution must establish the accused intended to assault, steal, or otherwise engage in a felony. As noted above, this intent can be formed after entry or before. Also notice the burglary statute does not require a completed assault, theft, or felony; just that the accused intended on committing such an act.
Our experienced burglary lawyer in Fort Worth will carefully scrutinize the evidence to identify any weaknesses in the prosecution’s case.
For more information, please reference Texas Penal Code Section §30.02.
What are the Different Types of Burglary Offenses?
There are several different types of burglary offenses of which someone may be accused, including the following:
- Burglary of habitation;
- Burglary of a building;
- Burglary of a coin-collection or coin-operated machine; and
- Burglary of a vehicle.
While burglary of a vehicle and coin-operated machine are generally charged as misdemeanor offenses, burglary of a habitation and burglary of building are charged as felonies. Contact our office to speak to a Fort Worth burglary attorney today. During the free consultation, we will evaluate your case and discuss a plan of action to best defend your case.
What are the Punishments for Breaking and Entering?
The punishments for burglary in Texas include high fines and lengthy periods of confinement. The goals for our Fort Worth attorneys is to avoid imprisonment and a felony conviction where ever possible.
Burglary of a building is a state jail felony offense, punishable by a maximum two-year state jail sentence and a $10,000 fine. Burglary of a habitation is a second-degree felony, which carries a penalty of up to 20 in prison and a maximum fine of $10,000.
In the event someone is convicted of burglarizing a habitation with the intention of engaging in a felony other than theft, they will face first-degree felony penalties. The punishment range is five years to life in prison and up to a $10,000 fine.
Recent Burglary Arrests in Fort Worth
[Table-Crime]
News: Police ID suspects in car burglary, credit card theft
FORT WORTH, TX – Police believe they have identified the individuals who broke into a vehicle and stole a credit card, which they then used at a Kroger grocery store.
According to a tweet from the Fort Worth Police Department, the vehicular burglary was committed last August in the 6300 block of Old Denton Road, at an apartment complex called the Landing at Cross Creek. The Kroger where they used the stolen credit card is located on N. Tarrant Parkway.
It is unclear whether the individuals—described as a white man and a white woman in their mid-to-late 20s—have been arrested.
According to Tarrant County booking reports, 84 people have been arrested for burglary this year as of Monday, January 25.
Actual Case Results · Varghese Summersett
Varghese Summersett Case Results in Burglary Cases
Presence at a burglary is not proof of everything that happened inside. Every case below is a real matter our attorneys handled and resolved for an actual client of this firm. These are Varghese Summersett’s own results, not hypotheticals, not industry examples, and not another firm’s work. Identifying client details have been removed.
Restraint and Elder Injury Charges Dismissed in Tarrant County
- Charge
- Burglary of a Habitation, Unlawful Restraint, and Injury to an Elderly Individual
- Charge level
- One second-degree and two third-degree felonies
- What our client faced
- 2 to 20 years on the burglary plus 2 to 10 years on each additional felony
- Venue
- Tarrant County
- Handled by
- Varghese Summersett
Our client faced three felony prosecutions out of an alleged pre-dawn home invasion by three people: burglary of a habitation, a second-degree felony carrying two to 20 years, and two third-degree felonies, unlawful restraint and injury to an elderly individual, each carrying two to 10 more. The two add-on charges depended on what happened to the complaining witness personally, and that is where the State’s proof ran out. She could not identify any of the three intruders by face. Investigators lifted no fingerprints connecting our client to any object or conduct in the home. The forensic report concluded only that he could not be excluded as a contributor to blood recovered at the scene, language we insisted be treated as what it is rather than overstated into a unique match. Above all, nothing in the record established which of the three alleged intruders applied the zip ties or caused her bruising. We pressed that distinction between being present and being individually responsible.
Result Varghese Summersett obtained: both third-degree felonies were dismissed. Our client pleaded to the remaining burglary charge and received a five-year sentence, reducing three felony prosecutions to one.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
Seek the Aid of a Fort Worth Burglary Attorney
Individuals who have prior convictions on their record may face enhanced punishments. Contact our office to speak to a Fort Worth burglary lawyer who will help you construct a compelling defense and protect your rights and privileges at each stage of the legal process. Schedule your free case evaluation today.
For more information, please reference Texas Penal Code 30.02.