Burglary Attorney in League City, TX
Criminal charges can be frustrating, intimidating, and confusing, regardless of the crime you are being charged with. Burglary charges can negatively impact your life in ways you may not have anticipated. A criminal conviction for burglary can permanently hinder your job opportunities, your housing options, and your personal relationships. Recovering from that conviction may be impossible. You should contact a League City burglary lawyer to avoid a conviction entirely.
The legal team at The Law Offices of Tad Nelson & Associates appreciates how complex and unpredictable a burglary case can be, especially if you don’t have a League City criminal defense attorney spearheading that case. It’s important to have someone taking charge of your case who is well-versed in the state’s burglary laws and can anticipate the outcome of your case. A League City burglary attorney’s help during all this can prove to be an absolute necessity.
Getting Arrested on Burglary Charges
If you are arrested for burglary in League City, your case will most likely be handled through the Galveston County District Courts, since burglary is a felony offense in Texas. Your initial arraignment might be a local matter, but the felonious nature of burglary requires involvement and oversight by a higher-level district court.
You may be processed in the Galveston County Jail. In 2024, there were 9,293 cases of burglary in Texas. The court takes burglary seriously.
Getting arrested can be embarrassing, especially if it’s done in front of people you know. The arrest alone can be enough for some people to change the way they look at you. Just remember that you’re innocent until proven guilty, and you always have your constitutional rights to rely on. In 2024, there were only four criminal sentences in Texas for burglary, according to data from the United States Sentencing Commission. Here are some steps you can take after an arrest:
- First and foremost, take comfort in your constitutional rights. You have the right to remain silent and the right to retain legal counsel. Don’t let the police try to intimidate or guilt you into admitting anything. Don’t explain your involvement, justify your actions, or deny anything. Remember that whatever you say can be used against you. Simply wait for your lawyer and let them do the talking for you when they arrive.
- Wait for your lawyer. As soon as you can, call a lawyer and tell them about your predicament. While waiting, the police may try to talk to you or manipulate you into thinking they’ve already got you dead to rights. Continue to state that you will not answer any questions until your lawyer is present. If they try to get you to sign something, don’t do it until your lawyer reviews it.
- Document the incident. As soon as you can, write down your memory of the alleged incident. Be as thorough as you can. Include places, dates, times, and witnesses, as well as your reasons for being in the location at the time of the burglary. Write down a detailed record of the arrest as well, as that may be useful to your lawyer later on.
- Preserve your evidence. Remember that the more evidence you have that supports your position, the easier it may be to succeed in your case. Don’t delete or destroy anything that could support your defense. This includes text messages, emails, videos, and social media posts that show your exact location.
Defenses Against Burglary in Texas
Once you hire an experienced burglary defense lawyer, you can start working on your defense strategy. It’s important that you have a strategy in place, as the prosecutor may be seeking the maximum penalty. You need to be able to defend yourself with everything you’ve got, and that includes the help of a seasoned criminal defense lawyer. Here are some of the most common and effective defenses against burglary charges in Texas:
- Lack of intent. Texas state law defines burglary as entering a building or home with the intent to commit a felony. Intent is arguably the most important part of the prosecution’s case. Without intent, they can’t definitively prove that you were there to commit a crime. Your lawyer can argue that you had no intent to commit burglary when you entered the building in question. This could bring reasonable doubt into your case.
- Consent. A burglary charge can be cleared up straightaway if you are able to prove that you had verbal or written consent from the owner to be present on the property at the time of your arrest. With consent on your side, the entry is not unlawful, and all charges against you may be dropped. Search for evidence that proves lawful entry, including texts, emails, audio recordings, video, and written correspondence.
- Misunderstanding. It’s entirely possible that you completely believed you had permission to be on the property. The fact that you didn’t might mean that this is a blatant misunderstanding and not a case of burglary. This may also be true if you entered the wrong property by accident. While a misunderstanding defense may not be enough to get the charges dropped, it may lessen them.
- Mistaken identity. If you have evidence that definitively proves you did not commit this crime, you need to gather it as quickly as possible. This may end up being a case of mistaken identity. To combat the charges, you need to present an alibi that proves you were elsewhere at the time of the alleged burglary. With a strong alibi, the charges against you may be dismissed entirely.
- No entry occurred. Sometimes, it may be the slightest technicality that can get you out of this. If you can prove that you didn’t fully enter the building or vehicle that was the burglary target, your situation may not meet the legal definition of burglary in Texas. That might be enough to get a burglary charge dropped down to a trespassing charge at least.
- Illegal search. Never forget that you are protected from illegal search and seizure by the Fourth Amendment. To search your home, vehicle, or person, the police need a valid search warrant or probable cause that a crime is being committed. If they search you without probable cause or a warrant, that’s a blatant violation of your constitutional rights and may render all evidence gathered during the search inadmissible.
- Entrapment. This defense can be tough to prove, but worth pursuing if you can. Entrapment happens when police coerce you into committing a crime that you never would’ve done. It puts the blame at least partially on the police, but only if you can prove their intent to trick you into committing burglary.
FAQs
What Is the Burglary Law in Texas?
In Texas, burglary is defined as entering or remaining hidden in a building, home, or vehicle without the owner’s consent and with the intent to commit a felony, assault, or theft. The penalties for burglary can range anywhere from misdemeanor fines to felony prison sentences, depending on the details of the case. If you are charged with burglary, you need to contact a criminal defense lawyer as soon as you can.
What Are the Three Types of Burglary?
Generally, the three types of burglary recognized in Texas are:
- Burglary of a habitation. This form involves entering a residence with the intent to steal or assault someone.
- Burglary of a building. This form involves the unlawful entry of a non-residential structure with the intent to commit theft or assault.
- Burglary of a vehicle. This form involves breaking into a vehicle with the intent to steal. This is usually seen as a misdemeanor, but repeated offenses can turn it into a felony.
How Can I Beat a Burglary Charge in Texas?
There are multiple ways you can try to beat a burglary charge in Texas, but the most reliable way is to enlist the help of a criminal defense lawyer. They can look through your case, challenge the prosecution’s evidence against you, provide you with a strong defense strategy, and even help prove that you had the owner’s consent, if applicable. You will want a plan if you’re going to defend yourself.
Is Burglary a Felony in Texas?
Yes, burglary is often charged as a felony in Texas. Depending on the details of your case, you may be charged with a state-jail felony or a first-degree felony. Breaking into a home generally yields a much harsher sentence than breaking into a non-residential structure. If you break into a building with no intention to commit additional crimes, you may just be charged with criminal trespass, which is generally a misdemeanor.
Hire a Burglary Lawyer Today
If you are facing the consequences of burglary charges, you need to hire a burglary lawyer to represent your interests and help you through this. At The Law Offices of Tad Nelson & Associates, we have over 30 years of experience helping clients who are facing the most difficult situations of their lives. We know what kind of help you’ll need and how to protect you. Contact us to speak to someone on our team about what we can do for you.