If you’re facing a burglary charge in Texas, your mind is probably racing. You’re worried about your job, your family, and your freedom.
At The Carmichael Law Firm PC, we’re here to answer your questions. What is burglary? What can happen to me if I’m convicted? What are my available defenses, and should I take the case to trial?
When you speak with our attorneys, we will review your case’s known facts, both from your perspective and the State’s contentions. We analyze the facts as they relate to the law so we can provide you with the answers and the vigorous defense you deserve. So let’s dive in and address some of the most common questions and concerns we get from our clients facing such charges.
What Is the Charge for Burglary?
What is burglary? According to the Texas Penal Code, burglary occurs when a person enters a structure without the consent of the owner and, at the time of entry or while inside, either intends to commit or actually commits a felony, theft, or assault.
There are three key elements to a burglary charge in Texas:
- Unlawful entry—you entered the structure;
- Without consent—the entry was unauthorized; and
- Intent to commit a felony, theft, or assault—when you entered, you had the intent to commit one of the listed crimes.
Please note that the law does not require that you complete your intended crime. The intent alone can be enough to secure a burglary conviction.
The type of structure involved and what occurred inside heavily influences how the prosecutor will treat your burglary charge and what penalties apply.
Is Burglary a Felony or Misdemeanor?
In Texas, the State almost always charges burglary as a felony, which carries more severe penalties than a misdemeanor. There are rare situations where the prosecutor might be persuaded to reduce the charge to a misdemeanor, such as entering a vehicle with the intent to commit theft. However, the vast majority of burglary charges involving buildings or habitations are felony-level offenses.
Texas law categorizes felony charges into degrees. Burglary charges typically fall into one of these categories:
- State jail felony,
- Third-degree felony,
- Second-degree felony, and
- First-degree felony.
Each level carries different sentencing ranges and consequences.
What Is First, Second, and Third-Degree Burglary?
In Texas, a first-degree felony is the most serious felony. Here’s how the degrees and their punishments generally break down.
State Jail Felony
This is the lowest felony burglary charge and typically applies when someone unlawfully enters a building that is not a habitation—such as a store, warehouse, or office—with the intent to commit theft, assault, or a felony while inside the structure. The punishment for a state jail felony is 180 days to 2 years in a state jail facility and a possible fine of up to $10,000.
Third-Degree Felony
Third-degree burglary is the least serious type of burglary because it involves breaking into a structure that is not someone’s home. Since these are usually commercial buildings, there is less potential for others to be physically harmed. The punishment for a third-degree felony is 2 to 10 years imprisonment and a possible fine of up to $10,000.
Second-Degree Felony
The State usually charges you with second-degree burglary when you enter a place where someone lives with the requisite intent, but you do not use violence or endanger other persons. In fact, the State can charge you with this level of felony even if no one is home at the time of the incident. The penalty is 2 to 20 years in prison and a fine of up to $10,000.
First-Degree Felony
A first-degree felony applies when someone enters a habitation and intends to commit or commits a felony other than theft while inside. These can be more violent incidents that involve a threat to another person’s safety and are considered among the most serious burglary offenses. The penalty for a first-degree felony is 5 to 99 years, or life in prison, and a fine of up to $10,000.
The stakes climb dramatically depending on the nature of the alleged crime and where it happened. It’s not just about whether or not you stole something. The intent behind the entry and the location entered matter significantly.
Is Burglary a Violent Crime?
Burglary itself isn’t typically considered a violent crime. If violence or the threat of violence is involved, the State would likely charge the crime as a robbery.
Even if the State only charges you with a nonviolent burglary, prosecutors can try to paint you as a violent person at your bail or sentencing hearings. If they succeed, you could face more restrictions and longer jail time. That’s why it’s critical to have a defense attorney who is fully committed to your case and prepared for every stage of it.
Defense Strategies We Can Craft for Your Case
Every burglary case is different, and as your lawyer, we work to build a strong defense around the specific facts and circumstances of your case. At The Carmichael Law Firm PC, we examine every angle to identify weaknesses in the prosecution’s evidence, violations of your rights, and alternative explanations for the allegations. Our goal is to either get your case dismissed, reduce the severity of the charge, or win at trial.
Here are some of the key defense strategies we may use in your burglary case.
Lack of Intent
One of the most important elements of a burglary charge is the intent to commit a crime at the time of entering the property. We push the burden onto the prosecution to prove such intent. Simply being in a place without permission does not automatically make it burglary.
Mistaken Identity
In many burglary cases, the prosecution relies on eyewitnesses, surveillance footage, or circumstantial evidence to identify the suspect. These sources can be unreliable or unclear. We may challenge identification procedures, point out inconsistencies, or introduce alibi evidence to show that you were not the person involved.
Consent to Enter
If you had permission or a reasonable belief that you had permission to enter the property, that could be a strong defense. This is particularly relevant in situations involving shared spaces, disputes between acquaintances, or unclear property boundaries.
Suppression of Illegally Obtained Evidence
If law enforcement violated your rights during the investigation—such as conducting an illegal search—we can file motions to suppress any resultant evidence. Without critical evidence, the case may collapse.
Negotiation for Lesser Charges
In cases where the facts are challenging but a trial may not be the best option, we can push for lesser charges or alternatives to incarceration. This can include reduction to criminal trespass, diversion programs, deferred adjudication, or probation.
We develop each defense around your specific goals, whether that’s clearing your name, avoiding prison, protecting your career, or minimizing long-term consequences. The sooner we begin working on your defense, the more options we can explore.
Contact Us Today
If you or someone you love is facing a burglary charge in Texas, don’t spend another second confused and overwhelmed by the system. At The Carmichael Law Firm PC, we keep our caseload limited intentionally so that every client gets the full attention they deserve.
Our founder has eight years of high-level trial experience in complex criminal cases. We’ve secured dismissals, not-guilty verdicts, and favorable outcomes for people just like you who were scared, confused, and unsure of where to turn. Don’t wait. Call The Carmichael Law Firm PC today.
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