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By Benson Varghese

Published on: January 28th, 2020 at 4:09 PM
Last Updated: June 25th, 2020 at 4:55 PM

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:

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.

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.