The burglary laws in Texas include most situations where someone gains access to a building where he or she is planning to commit a felony, theft, or assault. It also includes situations where the intruder didn’t have the intention in the beginning but eventually tried to do so. If you’re facing burglary charges, timing is everything. Every passing moment where you don’t have proper legal representation will lower your chances of getting a more favorable outcome. It can be hard to navigate the legal system, especially if you’re facing any kind of theft charge (including burglary). But it’s important to understand the details of the law as it relates to your specific circumstances.
Here are some common questions people ask about burglary in Texas.
According to Section 30.02 of the Texas Penal Code, someone commits burglary when he or she unlawfully enters or stays inside a building or habitation with the intent to commit a felony, theft, or assault. The owner’s consent is an important factor in these cases. So if you enter the property without permission and you plan to commit any of these offenses, you could be charged with burglary in Texas.
According to the Texas Penal Code, you can commit burglary in three different ways:
– Entering a building or habitation with the intention of committing a felony, theft, or assault.
– Concealing yourself inside a building or habitation with the intention of committing a felony, theft, or assault.
– Entering a building or habitation before attempting or committing a felony, theft, or assault.
You don’t have to walk through the door to commit Texas burglary. Sticking your hand or object through an opening also counts.
In Texas, a standard burglary charge is considered a state jail felony if it occurs inside a building that isn’t considered a habitation. So, the penalties for this type of crime can be from 180 days to 2 years in a state jail and a fine of up to $10,000. If it’s committed inside a habitation, it escalates to a second-degree felony. This is a more serious crime and can lead to imprisonment for 2-20 years and a fine of up to $10,000.
The laws in Texas are harsh for people who commit burglary inside a commercial building where controlled substances are commonly stored (such as a pharmacy or hospital). If you’re in this situation and you intend to steal a controlled substance, you could be charged with a third-degree felony. This could lead to a prison sentence of 2-10 years and a fine of up to $10,000. If you enter someone’s home with the intent to commit a felony other than theft or you attempt to commit such a felony, the charge will be upgraded to a first-degree felony. This could result in a prison sentence of 5-99 years and a fine of up to $10,000.
According to Section 30.02 of the Texas Penal Code, one of the most critical parts of a burglary charge is “the intent to commit a felony, theft, or assault.” So if you’re able to prove that you didn’t have that intention when you entered the building or habitation, you could have the charges reduced or even dropped.
Here are some other defenses you might be able to use against a burglary charge:
Absence of Criminal Intent — If you can prove that you didn’t plan to commit a crime when you entered a building, you can use it as a viable defense.
Mistaken Intent — You might have intended to commit a misdemeanor and not a felony, which is the primary condition for committing a burglary charge.
Consent of the Owner — Burglary in Texas occurs “without the effective consent of the owner.” So if you can prove that you had the owner’s consent to enter, you can use it as a defense.
Implied Consent — If you can successfully argue that your presence wasn’t contrary to the owner’s wishes or if there was a reasonable assumption that you were allowed to enter, it can weaken the prosecution’s case.
Ambiguity of “Public Access” — If you can prove that the building was open to the public when the alleged burglary charge took place, it could undermine the entire charge.
Inadequate Proof of Entry — According to the statute, the term “enter” means that you intruded on any part of the body or object connected with the body into the building or habitation. If the prosecution can’t prove “beyond a reasonable doubt” that you entered the building or habitation in this manner, the burglary charge could be contested.
If you have been charged with burglary in Texas and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.