Houston Burglary Lawyer

Houston Burglary Attorney

Your defense to Houston burglary charges is crucial. Without forming a strategic approach to fighting these charges, you could face serious consequences and have a felony conviction on your record for a lifetime. The right Houston burglary lawyer can help you craft a strong defense.

A strong defense to burglary charges also means your rights are protected and upheld through the criminal process. For all of these reasons, you deserve the best possible defense by a Houston Burglary Lawyer.

Greco Neyland, PC: Protecting You Against Burglary Charges

At Greco Neyland, we dedicate a significant part of our practice to the defense of property and theft offenses. The experienced Houston lawyers at Greco Neyland are familiar with the courts and process in Houston working on cases very similar to your burglary charges. We are a dedicated and comprehensive defense team with unique legal insight into criminal cases due to prosecutorial background.

We understand the severe consequences that a burglary charge can have on your immediate freedom and your long-term future. We fight to prevent or mitigate those penalties.

When Can You Be Charged With Burglary?

Burglary in Texas once had a very specific and narrow meaning. A burglary lawyer in Houston or Harris County would defend individuals against charges for breaking and entering, into the home or residence of another person, to commit a theft or felony. However, the burglary laws have broadened over the years to incorporate entering commercial and other buildings.

You can be charged with burglary of:

• A private home or primary residence;
• A condominium or apartment;
• A commercial building, warehouse, or office;
• An industrial plant, facility, or factory;
• Vacation homes and timeshare properties;
• Shed or other out-building; or
• A boat used as a residence or having living accommodations.

Today, Houston also has a broader definition of what it means to unlawfully enter a building. You can commit burglary by any form or type of entry, including if you remain on the property after it is open to the public or by walking through an unlocked front door. This inclusive definition of burglary in Houston means there are more charges for the crime.

What Are the Houston Laws on Burglary?

Burglary is a crime in Houston under the Texas Penal Code, which are the criminal statutes applicable to the entire State of Texas. If you are accused of burglary it is a serious offense that is punished as a felony offense, and a Houston burglary lawyer can help.

The exact statute covering burglary in Texas is found at Section 30.02 of the Texas Penal Code. A Houston prosecutor must prove each element of burglary, as it is stated in Section 30.02. This law defines burglary as:

1. Entering a residence or building of another person;
2. Without the consent or permission of the owner; and
3. With the intent to commit a felony, theft, or assault in the building.

In Houston, a defendant can commit burglary without actually committing a separate crime inside the home or residence. What’s important is a person’s intent at the time. If there was a clear intent to commit a felony, theft, or assault inside, then the attempt is enough to be charged with a Houston burglary offense.

The crime of burglary is a felony and can be charged as a state jail felony or a second-degree felony, depending on whether the location is residential or non-residential. Burglary may also be charged as a first-degree felony or a third-degree felony if the offense is committed in certain locations or for specific purposes.

Criminal Trespass Charges

A similar property offense in Houston is called criminal trespass. Criminal trespass is a less serious crime under Texas law that applies to instances of breaking and entering, without the intent to commit a crime inside. Instead, you can be charged with criminal trespass for:

• Entering the property of another person, business, or entity;
• Without the consent or permission of the property owner;
• After receiving notice that you are not permitted on the property; or
• When the public is otherwise closed to the public.

Criminal trespass is a misdemeanor offense that applies to a wider range of structures and property than Houston burglary charges. You can criminally trespass on an aircraft, recreational park vehicle, agricultural property, industrial land, vacant land, and other vehicles.

Because criminal trespass is a misdemeanor offense, it may offer lesser penalties for someone charged with burglary. Arguing the charges down to this offense may protect much of your future. A burglary attorney can also help you determine if there is a potential plea deal to avoid the serious consequences of a felony charge.

FAQs

Q: How Much Time Do You Get for Burglary in Texas?

A: A burglary charge in Texas can be charged as a state jail felony, a third-degree felony, a second-degree felony, or a first-degree felony. Each of these offenses has differing minimum and maximum penalties:

• State Jail Felony: Between 180 days and two years in jail
• Third-Degree Felony: Between two and ten years in prison
• Second-Degree Felony: Between two and 20 years in prison
• First-Degree Felony: Between five and 99 years in prison

These offenses can also be punished by a fine in addition to imprisonment.

Q: How Much Does a Felony Burglary Defense Attorney Cost in Texas?

A: The cost of a felony burglary defense attorney in Texas ranges based on essential factors about your case and the attorney you choose. Burglaries, except in specific circumstances, are all felonies, and defense for a felony is typically more costly than for a misdemeanor. These cases require more resources to properly defend. Other factors that alter the cost of an attorney include:

• Is the attorney charging a retainer fee upfront?
• How complicated is the investigation of your case?
• Are you likely to enter a criminal trial, or will it be settled outside of court?

Q: What Degree of Felony Is a Burglary Charge in Texas?

A: In Texas, a residential burglary charge is a second-degree felony, while a non-residential burglary is a state jail felony. These are the charges if no mitigating or aggravating factors are present in the burglary. The crime is a third-degree felony if the burglary is committed in a commercial building with the intent to steal controlled substances. Certain types of burglary, such as burglary of a coin-operated machine or burglary of a vehicle, may be charged as misdemeanors.

Q: What Is the Highest Degree of Burglary in Texas?

A: The highest degree of burglary in Texas is a first-degree burglary charge. A first-degree burglary charge is the offense of entering or remaining concealed on premises which are a habitation, and:

1. Having the intent to commit a felony besides felony theft or
2. Committing or attempting to commit a felony besides felony theft

This felony could include felony assault, kidnapping, sexual assault, or other felonies. A first-degree conviction results in penalties including between five and 99 years in prison and a potential fine of up to $10,000.

Find a Top Houston Burglary Lawyer

If you are facing charges for burglary in Houston, you need the legal knowledge and insight of a Houston lawyer. By hiring a top Houston burglary lawyer, you receive better information about the criminal justice process, support through a trial and sentencing, and a better chance at acquittal from the charges.

You can hire a top lawyer in Houston to take your burglary case by contacting our team at Greco Neyland Attorneys at Law. Start by finding more about our Houston office.