Facing Burglary Charges in Dallas, TX? Let Us Help
Police, prosecutors, and courts take burglary crimes very seriously. Burglary cases and result in lengthy prison sentences and steep financial penalties. Moreover, from the very beginning, these cases can tarnish your reputation, harm your family, and damage your employment opportunities.
Many people don’t even know about some of possible consequences, such as loss of voting rights and loss of the ability to own or possess a firearm. It is extremely important to take a burglary allegation very seriously. You need an experienced and dedicated Dallas burglary lawyer in your corner to put forward your best defense.
Types of Burglary Charges in Texas
Burglary of a Habitation or Building
A person commits burglary (Texas Penal Code § 30.02) if, without the effective consent of the owner, the person:
- enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault. OR
- remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation. OR
- enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
For the purposes of a burglary case, “enter” means to intrude any part of the body or any physical object connected with the body. Therefore, reaching inside an open window to take property can result in a burglary allegation.
Burglary of a Vehicle
A person commits burglary of a vehicle (Texas Penal Code § 30.04) if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. “Enter” has the same meaning as explained above.
Penalties for Burglary Offenses
Burglary of a habitation is generally a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. If burglary of a habitation involves committing or attempting to commit another felony offense, it becomes a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.
Burglary of a building other than a habitation is a state jail felony. As a result, you could face 6 months – 2 years in the state jail facility and up to a $10,000 fine.
Burglary of a Vehicle is generally a Class A misdemeanor offense. As a result, you could face up to 1 year in jail and up to a $4,000 fine. It is a state jail felony if the accused person has been convicted two or more times of burglary of a vehicle or the burglary is of a rail car. It is a third-degree felony if the actor breaks into a vehicle with the intent to commit a theft of a controlled substance.
Defending Burglary Charges in Dallas
First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas burglary attorney, it can be a powerful weapon.
Dallas Criminal Defense Resources and Information
Our experienced property crime attorneys in Dallas, Texas are here to help you better understand you charges and options. See our criminal defense resource center for more information from Dallas burglary lawyer Mike Howard on fundamental rights in a criminal case, definitions of intentionally, knowingly, etc, defenses to prosecution, and more.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
H2: FAQs about Texas Burglary Charges
What is the difference between burglary and theft in Texas?
Burglary involves unlawfully entering a building, habitation, or vehicle with the intent to commit a felony, theft, or assault. Theft, on the other hand, simply refers to unlawfully taking someone else’s property without permission. In other words, you can be charged with burglary even if you don’t successfully steal anything, as long as there was intent.
Do I have to physically break into a building to be charged with burglary?
No, Texas law defines “entry” broadly. Even reaching inside an open window or door to take something, or using a tool to enter, can be considered burglary. You can also be charged if you remain concealed in a building with the intent to commit a crime.
What are the penalties for burglary in Texas?
The penalties depend on the type of burglary. Burglary of a habitation is typically a second-degree felony with penalties of 2 to 20 years in prison. If the burglary involves another felony, it becomes a first-degree felony, punishable by 5 to 99 years or life in prison. Burglary of a non-residential building is a state jail felony, carrying 6 months to 2 years in jail. Burglary of a vehicle is a misdemeanor but can escalate to a felony with repeat offenses.
Can I be charged with burglary if I didn’t take anything?
Yes. Prosecutors only need to prove that you unlawfully entered a structure with the intent to commit a felony, theft, or assault. Even if no crime was completed, the intent alone can result in a burglary charge.
What should I do if I’ve been accused of burglary?
If you’ve been arrested or charged with burglary, it’s crucial to remain silent and avoid making statements to the police. Contact an experienced burglary defense attorney immediately to protect your rights and build your defense.
Can a burglary charge be dismissed?
Yes, depending on the circumstances. A skilled defense attorney may be able to challenge the evidence, prove a lack of intent, or negotiate a plea deal to reduce or dismiss charges. In some cases, entering a pretrial diversion program may also help avoid a conviction.
Will a burglary conviction affect my ability to own a firearm?
Yes. A felony burglary conviction can result in the loss of your right to own or possess a firearm under both Texas and federal law. If convicted, you may also lose other rights, such as voting and holding certain professional licenses.
How can an attorney defend me against burglary charges?
An attorney can explore various defenses, including proving you had permission to enter the property, arguing there was no intent to commit a crime, challenging the evidence against you, or demonstrating mistaken identity. The right defense strategy will depend on the facts of your case.
If you’re facing burglary charges, speaking with a qualified Dallas burglary lawyer can help you understand your options and protect your future.
Why Work with a Dallas Burglary Lawyer
If you or someone you love has been accused of a burglary offense in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas burglary lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
Contact a Dallas Burglary Lawyer Today
When you or a loved one have been accused of committing burglary in Dallas, TX, you need to act quickly. Attorney Mike Howard takes a client-centered approach to burglary defenses. He understands how intimidating criminal charges can be, and he’s ready to help you navigate your options. Our firm listens to your needs and puts them first. We openly communicate and prepare to take your case to trial if that’s what it takes to clear your name or get your charges reduced.
Call (214) 296-2221 or fill out our contact form to get started today.
See Our Proven Track Record on Burglary Charges
V.K. – Burglary of a Habitation Intent to Commit Felony (1st Degree)
Our client came to us after feeling mistreated by his first lawyer. He was not a US citizen and chose someone from his background thinking they would be less likely to take advantage of him. Unfortunately, that wasn’t the case. We fought for V.K. and got his first-degree felony reduced, avoided a conviction, got him deferred probation, and avoided any negative immigration consequences.
R.S. – Burglary of a Vehicle
Our client had never been in trouble before and simply made a dumb mistake. We fought hard to keep this one blimp on the radar from ruining our client’s entire future. We got her into a diversion program where her case was dismissed and she was able to get a full expunction.
M.J. Burglary of a Habitation
Our client had a long, sad history of mental health problems. He was also not a US citizen, so handling his case incorrectly could have catastrophic consequences. We got his case reduced to a misdemeanor, got him deferred probation, and avoided any negative immigration consequences.
