Charged with Burglary in Fort Worth, Texas?
Are you or someone you know facing a burglary charge in Fort Worth or a surrounding city in Tarrant County? If so, you need an experienced Fort Worth burglary lawyer to protect your rights and help you devise an effective defense.
The Fort Worth burglary lawyers at Fulgham Law Firm have decades of collective criminal law experience, and we have achieved a long record of securing successful results for our clients. We have several attorneys on our team who once served as criminal prosecutors in Texas, so we have invaluable insight into the criminal justice system to improve your odds of obtaining the favorable outcomes you seek.
It's important to understand the specific burglary charges against you and what you can do to defend yourself. Contact us today for a free consultation and learn of your rights and options for mounting an effective defense strategy against the burglary charges you face.
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Why Choose a Fort Worth Criminal Defense Attorney from Fulgham Law Firm
A criminal conviction for burglary in Texas can have far-reaching impacts on your life and future. You must work with an experienced Fort Worth criminal attorney to stand the best chance of getting positive results with your case.
We founded our criminal defense firm more than 13 years ago, and we have law offices in Fort Worth and Bedford. Many of our lawyers have received consistent awards and accolades from prominent legal organizations, including the National Trial Lawyers Association, for their impeccable professionalism and outstanding trial skills.
We have a dedicated legal team of some of the best criminal defense attorneys in the state, including several former prosecutors. Our unique backgrounds and extensive experience make us well-suited to handle all aspects of your Fort Worth burglary case, and we have secured many acquittals and dismissals for our clients.
For a free consultation concerning your case and help fighting the charges against you, contact Fulgham Law Firm today to speak with an attorney.
What Are the Types of Burglary Charges in Texas?
In Texas, burglary is a criminal offense that involves entering a building or habitation with the intent to commit a theft, assault, or felony. The state categorizes burglary into several types based on the circumstances and elements of the offense. The primary types of burglary charges in Texas include:
- Burglary of a Habitation (Penal Code § 30.02): Entering a habitation (a structure or vehicle adapted for the overnight accommodation of persons) without the effective consent of the owner with the intent to commit a theft, assault, or felony inside. Burglary of a habitation is considered a more serious offense compared to burglary of a building.
- Burglary of a Building (Penal Code § 30.02): Entering a building without the effective consent of the owner with the intent to commit a theft, assault, or felony inside. This offense typically applies to structures other than habitation, such as businesses, storage units, or other enclosed structures.
- Burglary of a Coin-Operated or Coin Collection Machine (Penal Code § 30.04): Breaking into or entering a coin-operated machine or coin collection machine with the intent to steal currency, coins, or tokens. This offense is specifically related to machines designed for the collection of coins or currency, such as vending machines and parking meters.
- Burglary of a Vehicle (Penal Code § 30.04): Breaking into or entering a vehicle without the effective consent of the owner with the intent to commit a theft or felony inside. Texas law treats burglary of a vehicle as a separate offense from other types of burglary.
Penalties for burglary charges in Texas can vary based on the circumstances and severity of the offense. Generally, burglary offenses are classified as felonies, with the degree of felony depending on factors such as the type of structure entered, the presence of aggravating factors, and whether any weapons were used.
It's important to note that the legal definitions and penalties for burglary charges can change, and individuals facing such charges should consult with a criminal defense attorney for advice tailored to their specific situation. Additionally, an attorney can help build a defense strategy based on the details of the case.
What Are the Penalties for Burglary of a Habitation in Texas?
Burglary of a Habitation is categorized as a second-degree felony in Texas. A second-degree felony is punishable by a term in prison of not less than two years but not more than twenty years and a fine not to exceed $10,000. If you have been previously convicted of a felony crime and sentenced to a term in prison, you could be facing an enhanced charge of a first-degree felony, punishable by a term in prison of five years to life or 99 years and a fine of up to $10,000.
What Are the Elements of the Crime Of Burglary of a Habitation?
Burglary of a Habitation is a property crime in Texas that is penalized more seriously than theft. Why? Because it normally involves the intent to commit theft from someone's residence. As such, many district attorney's offices take a tough stance on this crime. This makes it critically important to work with a criminal defense attorney with a proven track record of obtaining favorable results for their clients charged with burglary of a habitation. When examining the elements of the crime, we must look at the Texas Penal Code.
Under Texas Penal Code, Section 30.02, the State of Texas must prove beyond a reasonable doubt the following elements:
It must be proven that the accused entered a habitation of another with the intent to commit theft, assault, or another felony.
The most common type of burglary of a habitation is when someone breaks into someone's home and steals valuables. Technically, an actual theft does not have to occur to be charged with burglary of a habitation. The prosecutor is only required to prove that the accused entered the residence with the intent to commit theft or another felony.
In practice, it becomes a more difficult case for the prosecutor to prove in a jury trial if someone did not commit a theft while in another person's residence without their consent. Why? The best evidence of someone's intent is their behavior, and if there is no completion of the act of theft, it may be much easier for your criminal defense lawyer to establish reasonable doubt regarding your criminal intent. For example, if it turns out that you were in someone else's house and accused of burglary of a habitation without evidence of intent to commit theft, your charge could be lowered to the lesser misdemeanor offense of criminal trespass of a habitation. This is a Class A Misdemeanor, punishable by a term in the county jail of up to 1 year and a fine of up to $4,000.
What Is Considered a “Habitation” for the Crime of Burglary of a Habitation?
Under Texas criminal law, a “habitation” refers to the alleged victim's primary residence, secondary residence, or any property in which an individual resides. If the property were not being occupied by a resident, it would be categorized as burglary of a building, a lesser felony crime. However, the prosecutor is not required to prove that the residence was occupied continuously.
What Are the Elements of Burglary of a Habitation with Intent To Commit Assault in Texas?
Most people think of the crime of burglary of a habitation as being solely an issue of someone stealing something from someone's home. However, you can also be charged with the crime of burglary of a habitation if there was intent by the accused to commit assault against the victim.
More specifically, Under Texas Penal Code, Section 30.02, if the State of Texas can prove beyond a reasonable doubt that you entered a habitation of another with the intent to commit assault, sexual assault, kidnapping, aggravated assault, or robbery, you could be facing a first-degree felony, punishable by a prison sentence of a minimum of five years up to 99 years or life and a $10,000 fine. Obviously, this type of criminal charge is not a trivial matter, and you must collaborate with an experienced criminal attorney that can prepare a winning defense strategy for your case.
Legal Defenses To Burglary of a Habitation
If you have been arrested and charged with burglary of a habitation in Texas, you must educate yourself on winning legal defenses under Texas law. Let us examine a few legal defenses to the crime of burglary of a habitation.
Consent To Enter and Remain in the Residence
What if a theft or assault took place in a residence but the accused had permission, whether express or implied, to enter and remain in the residence? Regardless of the criminal act committed in a residence, if the prosecutor cannot prove beyond a reasonable doubt that the accused lacked consent to enter and/or remain in the residence, the crime of burglary of a habitation will not be proven.
For example: a man comes over to visit his ex-wife and see his biological children. The ex-wife allows him into the residence and an argument ensues. She begins yelling at him and claims he entered into the residence with the intent to assault her and calls the police. Even if the man did assault her, can the police establish that he lacked consent to enter the residence? No! There may be a crime of domestic violence assault in this example, but the police will have a tough time establishing probable cause for the crime of burglary of a habitation with intent to commit assault.
Lack of Criminal Intent To Commit Theft or Other Felony
What if someone is not permitted to enter into an alleged victim's residence but no theft or assault has taken place? What if the homeowner arrives to find someone in their house but nothing has been stolen or moved around? Can the crime of burglary of a habitation be proven? Proving the crime in these instances will hinge on proving the element of intent to commit theft or other felony.
For example: we have represented citizens that entered the wrong residence because they were drunk or confused and walked around inside the residence and the homeowner understandably panicked and called the police and had them arrested for burglary of a habitation. Did they have the criminal intent to commit theft or other felony? NO! At most, they committed the crime of criminal trespass, a lesser misdemeanor crime with no possibility of prison. It is critical that your criminal defense attorney thoroughly explore the facts of your case to determine if there is sufficient evidence to establish criminal intent to commit theft or other felony.
Reasonable Doubt
The accused is never required to prove anything in a jury trial. The burden of proof to establish every element of the crime of burglary of a habitation always rests on the State of Texas the prosecutor's office. The best criminal attorneys know that every reasonable doubt that can be established in a legal defense provides leverage to negotiate a more favorable result for their clients. Do not just assume the police reports and other evidence are accurate!
Grand Jury Presentations – Burglary of a Habitation
What if your criminal defense attorney obtains the evidence on the case and determines there are problems with the prosecutor proving the case beyond a reasonable doubt? What if you have supplemental evidence that will show the police reports are inaccurate or unreliable? What if you have witness statements showing a different perspective or establishing exculpatory evidence? In this instance, your criminal lawyer MUST make a presentation to the grand jury.
The grand jury is a panel of twelve citizens who listen to hundreds of felony criminal cases per week to determine if probable cause exists to substantiate the case. In most instances, the grand jury only hears one side of the story from the prosecutor and will approve the case as a felony, known as a true bill. However, if your criminal defense attorney collaborates with you to prepare a grand jury presentation packet, the grand jury will have the opportunity to hear the other side of the story and could resolve your case in a favorable manner.
The grand jury, after hearing your evidence presentation, could lower the charge to a lesser misdemeanor offense. It is always easier to resolve a misdemeanor than a felony. Even more beneficially, the grand jury could no bill your case. A no bill is the equivalent of dismissing your criminal case, thereby making you eligible for an expunction of your criminal record.
Is Burglary of a Building a Felony in Texas?
Yes. Under Texas criminal law, Burglary of a building is labeled a state jail felony, punishable by a term in a state jail facility of not less than 180 days but not more than 2 years. Penalties can also include fines of up to $10,000. However, if the accused has multiple prior state jail facilities or a single TDC conviction for which they served prison time, the charge can be enhanced from a state jail felony crime to a third-degree or second-degree felony.
Under Texas Penal Code, Section 30.02, a person commits the offense of burglary of a building if, without the effective consent of the owner, the person enters a building not then open to the public, with intent to commit a felony, theft or an assault or remains concealed, with intent to commit a felony, theft, or an assault in a building or enters a building and commits or attempts to commit a felony, theft or assault.
Can You Get Probation For Burglary of a Building in Texas?
It is always possible to obtain probation for burglary of a building in Texas. However, every case is unique and there are several factors that will determine whether probation is an option for you:
- Are you a first-time offender? If you have a prior criminal history, probation may not be an option
- How aggravating are the facts of the case? If items were stolen or the assault was violent, your attorney may have a challenge obtaining probation
- What Texas county are you in? Some Texas counties are less likely to offer probation than others, even for first-time offenders.
- Restitution – if you are able to provide restitution as part of the plea process, it dramatically increases the probability of probation.
Should You Consider Probation for Burglary of a Building in Texas?
At the Fulgham Law Firm, we work tirelessly to protect our clients from ever taking a plea deal that puts their freedom or future at risk. Our goal is always to get a criminal case dismissed. If you are innocent of the allegations, you should work with a criminal defense attorney who will work tirelessly to clear your name.
However, even if probation makes sense for you, it is important to make certain that you consider deferred adjudication probation rather than straight probation. If you take a plea deal for straight probation, you will not be eligible to have your arrest or charge removed from your criminal record. However, if you accept a plea offer for deferred adjudication and you successfully complete the terms and conditions of the deferred probation, you will be eligible for a non-disclosure to seal your criminal record.
What Are the Penalties for Burglary of a Coin-Operated or Coin Collection Machine in Texas?
Like burglary of a building, Texas Penal Code Section 30.04 classified burglary of a coin-operated machine as a state jail felony. Punishments can include incarceration in a state jail facility for a term ranging from 180 days to two years and an optional fine of up to $10,000.
What Is Burglary of a Vehicle in Texas?
In Texas, Burglary of a Vehicle is a criminal offense defined under the Texas Penal Code Section 30.04. This offense involves breaking into or entering a vehicle without the effective consent of the owner with the intent to commit a theft or felony inside.
Here are the key elements of Burglary of a Vehicle in Texas:
- Unauthorized Entry: The offender unlawfully enters a vehicle without the effective consent of the owner.
- Intent: The entry is done with the intent to commit a theft or felony inside the vehicle.
As a separate offense from burglary of a habitation or burglary of a building, burglary of a vehicle is typically classified as a Class A misdemeanor. Penalties include up to one year in jail and a fine of up to $4,000.
It's essential to keep in mind that laws can change, and you should consult the most recent version of the Texas Penal Code or seek legal advice for the latest information. If you or someone you know is facing charges related to Burglary of a Vehicle in Texas, you must consult a criminal defense attorney. An attorney from Fulgham Law Firm can provide guidance based on the specific details of the case and help build a defense strategy.
Call Us Right Now To Get Help
(817) 813-8013
Fort Worth Burglary Charges Attorney
If you have been arrested and charged with burglary in Fort Worth or anywhere in Tarrant County, you need a skilled criminal attorney with experience. At the Fulgham Law Firm, our goal is to prevent jail time and achieve a result that makes sure you can someday clear your record.
Contact our Fort Worth law office now at 817-877-3030 for a free and confidential consultation with an experienced Fort Worth criminal defense attorney.