College Station Burglary Lawyer

While some states may define burglary as theft, the crime is much broader in Texas. It involves unlawful entry with criminal intent. Because of this, you may be facing burglary charges even if you are not accused of stealing.

Burglary is not necessarily a violent crime, but the State takes it very seriously. In addition to causing fear and danger to the occupants of homes and other buildings, burglary dramatically increases the risk of harm to the offender.

As a result, punishment for a conviction is severe, with potential jail or prison time for all levels of burglary offenses. Even the lesser-related offense of criminal trespass can carry substantial penalties.

If you are facing these charges, you need the help of a College Station burglary lawyer. Contact our law office today to discuss your case with a determined theft crime attorney.

What is Burglary?

Texas Penal Code § 30.02 defines burglary as entering a building or habitation without effective consent and with the intent to commit a felony, theft, or assault.

There are two critical elements to a burglary offense—unlawful entry and criminal intent. Unlawful entry involves entering a structure or habitation without permission. While criminal trespass can include overstaying your welcome and refusing to leave when asked, unlawful entry requires entering without permission or refusing to leave when asked with criminal intent. Criminal intent means that a person intends to commit a felony, theft, or assault once inside the premises.

You do not have to confront or threaten anyone to commit burglary directly. However, when the State presents evidence, the court or jury can infer intent from the circumstances. For example, if you entered a building armed with weapons, they may infer an intent to commit assault. A burglary lawyer in College Station could offer vital advocacy of your rights during court proceedings.

The Relationship Between Burglary and Other Offenses

Since burglary requires an intent to commit another criminal offense once inside the structure, the State often pushes multiple charges. The degree of burglary charges often depends on the other charged crimes.

Burglary of a building other than a habitation is a state jail felony, punishable by 180 days to two years in jail. Burglary of a commercial building or facility that stores controlled substances is a third-degree felony, punishable by up to 10 years in prison.

Burglary of a habitation is a second-degree felony with a penalty of up to 20 years if you commit another felony offense at the location. The punishment can be a sentence of five to 99 years, with a potential for life in prison if the second felony offense was an aggravated sexual assault.

The potential penalties for burglary charges are severe, making it essential to hire a College Station attorney.

Criminal Trespass

A person can illegally enter or remain on a property without the intent to commit a crime. In those instances, the individual may be charged with criminal trespass. Texas Penal Code § 30.05 defines criminal trespass as entering or remaining on the property of another without consent. Even if the State cannot prove the intent to commit a crime, they may be able to secure a conviction for criminal trespass, which can be a Class A, B, or C misdemeanor.

The circumstances dictate the charging level, which the State will determine by examining your criminal history. A first offender who is able to plea a burglary charge down to a criminal trespass charge and get deferred adjudication may be eligible for expungement, making a plea bargain a viable option for some defendants. A burglary lawyer in College Station could explain these legalities in more detail during an initial consultation.

Talk to a College Station Burglary Attorney Today

Burglary charges are serious and the potential punishments can be harsh, especially if the State accuses you of a related crime.

If you have been accused of this offense, you should contact a College Station burglary lawyer to maximize your potential for a favorable outcome. Speak with a hardworking criminal defense attorney today.