There are three main types of burglary charges in Texas, each depending on what is allegedly burglarized: Burglary of a Building, Burglary of a Habitation, and Burglary of a Vehicle.
>Burglary of a Building, also known as non-residential burglary, occurs when a building is entered with the intent to steal or take items, where the building or structure is not a home.
Burglary of a Habitation, common called Burglary of a Home, occurs when an individual enters a building with the intent to steal items from within, where that building is the occupied dwelling. The building need not contain people or be occupied at the time of the entering, as long as the building is occupied as a residence.
For individuals arrested for Burglary of a Habitation, the penalty is a felony of the second degree. The offense is elevated to a felony of the first degree if: (1) the premises are a habitation; and, (2) the habitation was entered with intent to commit a felony other than felony theft.
For individuals arrested for Burglary of a Building, the penalty is a state jail felony if committed in a building other than a habitation, with a maximum sentence of two years in the state jail and fines.
While not common in Travis County, some jurisdictions charge Shoplifting cases as Burglary, where a person enters a Commercial store with the intent to steal items.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
Burglary arrests will result in jail -- and a bail bond will be required for release from Jail. An Attorney can help obtain a Personal Bond for Burglary by arguing to a Judge for release. This will require hiring the attorney for both the jail release and representation on the case itself; although typically the jail release fee is the deposit for representation.
Sometimes an officer will file an arrest warrant for Burglary, which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important,/ because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an active Travis County Arrest Warrant for Burglary.
Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Few Burglary cases actually involve a person being arrested within a building. Instead, circumstantial evidence often links the person to the crime scene. In one memorable case handled by Attorney Robert Keates, an apartment was burglarized, and the officers decided the point of entry was a sliding glass door. The tenant had moved out the week before, and a new tenant had moved in, and was the victim of the burglary. Fingerprints were taken from the door, and one of them matched the Defendant, who was later arrested and became Attorney Keates' client. After a full investigation, Attorney Keates was able to show proof that the defendant was an acquaintance of the former tenant, and had actually been at the apartment about a week prior to the burgalry -- which explained the presence fingerprints on the glass door. Without any more evidence, the prosecutor dismissed the case.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Burglary cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Goals vary, depending on a person's charge, criminal history, and other factors, but ideally, the goal should be a reduction of charges, a dismissal, or avoiding jail for any Burglary charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
The Texas Criminal Penal Code Sec. 30.02 controls Burglary offenses. Burglary of a Habitation indicates that a person commits an offense if he enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. Burglary of a Building indicates that a person commits an offense if he enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault.
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body.
|Level of Offense||Punishment||Fines|
|State jail felony||180 days to 2 years in a state jail and/or no more than $10,000 fines|
|2nd Degree Felony||2-20 years in TDCJ and/or fines|
|Value of items stolen||Level of Offense||Punishment||Fines|
|less than $100||Class C Misdemeanor||Not Jailable||No more than $500 fines|
|$100 or more but less than $750||Class B Misdemeanor||Not more than 180 days in a county jail and/or no more than $2,000 fines|
|$750 or more but less than $2,500||Class A Misdemeanor||Not more than 1 year in a county jail and/or no more than $4,000 fines|
|$2,500 or more but less than $30,000||State jail felony||180 days to 2 years in a state jail and/or no more than $10,000 fines|
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