Houston Burglary Defense Lawyer
Arrested for Burglary? Call the Law Offices of Jed Silverman
Many people conceive of burglary as the illegal entry of a home for the purpose of theft. However, Texas law defines burglary in a much broader way. Although many people think of burglary as a theft crime, a person can be charged with burglary even if there was no stolen property.
If the prosecution proves you had the required intent when you entered the building, it doesn't make any difference if the theft, assault or felony didn't actually take place.
If you are facing accusations for burglary or criminal trespassing, contact us today!
What is Burglary of Habitation in Texas?
A person is guilty of burglary under Texas law §30.02 if he or she:
- Enters a habitation or building without the consent of the owner with the intent to commit a felony, theft or assault; or
- Remains in a habitation or building without the consent of the owner with the intent to commit a felony, theft or assault; or
- Enters a habitation or building without the consent of the owner and commits or attempts to commit a felony, theft or an assault
Burglary Charges in Texas
An individual charged with burglary can face some serious penalties if convicted. The following are the charges and penalties for burglary in the state of Texas:
- If the burglary was of a residence, the charge is a felony of the second-degree, and a conviction may end in a prison sentence of anywhere from two to 20 years plus a fine of up to $10,000.
- If the burglary was of a non-residential building, such as a business, the charge is a state jail misdemeanor and the penalties are somewhat less severe: a conviction can result in a state jail sentence from 180 days up to two years, plus a fine not to exceed $10,000.
- Burglary of a vehicle or a vending machine is a Class A misdemeanor in Texas. The potential sentence for both is a jail sentence of not more than a year, although in the case of a vehicle burglary the minimum sentence is six months. There is also the possibility of a fine of up to $4,000
Criminal Trespassing Texas
Criminal trespass is a Class A, B or C misdemeanor depending on the circumstances. According to Texas law §30.05, criminal trespass occurs when an individual remains on property of another without consent and they noticed entry was forbidden or were requested to leave and failed to do so.
Providing Experienced Defense Against Burglary Charges
Given the wide range of fact scenarios that can result in burglary charges, many people face theft charges in Texas each year. If you have been charged with burglary or a related offense like burglary of a vehicle or criminal trespass, contact The Law Offices of Jed Silverman. Our law offices are located in Houston, Richmond, and Alvin, Texas.
Attorney Jed Silverman is a skilled trial lawyer who has protected the rights of the accused for more than 20 years. Consistently recognized in Texas Super Lawyers from 2006 to 2014, Mr. Silverman is a committed and skilled advocate with the resources and determination required to tackle even the most complex kinds of cases. Contact our firm today to seek the help of a Houston criminal defense attorney.
Facing charges? Request an initial consultation without delay.