# Fighting Texas Burglary Charges | TadLaw **Table of Contents***[*Expand*]* 1. Burglary & Texas Law 2. Degrees of Burglary Charges 3. Defenses Against Burglary Charges 4. The Importance of Legal Representation 5. Charged with Burglary in Greater Houston? The Law Offices of Tad Nelson & Associates will represent you should you or a family need legal representation following criminal charges associated with a burglary case. If you need to talk with us about your situation, call [Houston criminal defense attorney Tad Nelson](https://tadlaw.com/attorneys/tad-a-nelson/) or Amber Spurlock today at **[713-802-1631](tel:7138021631)**. In the meantime, let’s review a few details about how Texas law applies to burglary cases. Burglary isn’t a simple theft offense, it’s a serious crime with potentially life-altering consequences. ![Houston Criminal Defense Lawyer Tad Nelson](https://tadlaw.com/wp-content/uploads/2024/03/Tad-IG-Ad-06.jpg) ## Burglary & Texas Law [Texas Penal Code §30.02](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm) defines burglary as when an individual enters a building or habitation without the owner’s consent with the intent to commit a felony, theft, or assault. This definition covers a range of actions, not just B & E. For instance, simply walking into an unlocked building with the intent to commit theft fits the legal definition of a burglary offense. ## Degrees of Burglary Charges In Texas, burglary is classified at varying levels of severity. The distinction between the potential criminal classifications of the offense hinges on various like the location of the burglary and the nature of the crime. Below, we’ve outlined a few of these distinctions to give you a better illustration of how a burglary offense might be classified by the state of Texas. ### 1. State Jail Felony Burglary: - Burglary of a building other than a habitation. - Penalty: 180 days to 2 years in a state jail facility and a fine of up to $10,000. ### 2. Second-Degree Felony Burglary: - Burglary of a habitation. - Penalty: 2 to 20 years in prison and a fine of up to $10,000. ### 3. First-Degree Felony Burglary: - Burglary of a habitation with the intent to commit or the commission of a felony other than theft. - Penalty: 5 to 99 years or life imprisonment and a fine of up to $10,000. ### Consequences Beyond Imprisonment A burglary conviction can also have unintended consequences which include: - **Criminal Record:** A permanent mark that can hinder your employment opportunities, residential options, and more. - **Loss of Civil Rights:** Certain rights, such as voting and firearm ownership, can be stripped away following a felony conviction. - **Social Stigma:** The societal judgment associated with known burglars can cost you many opportunities, both personal and professional. As you can see, it’s worth it to fight your burglary charge. At Tad Nelson & Associates, we always recommend talking with a criminal defense attorney to learn the truth about your options before signing for any time or plea agreement. For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today ## Defenses Against Burglary Charges Several defenses can be useful in fighting burglary charges, depending on the specifics of the case. Our experienced burglary defense attorneys will develop your defense strategy which we hope will lead to your case being dismissed or a full acquittal. Again, it just depends on the evidence that the state might or might not have and the specific details of the incident that led to the complaint. We’ve outlined a few burglary defense concepts that might be helpful to you below. **If you have any questions, give us a call 24/7 at [713-802-1631](tel:7138021631).** ### 1. Lack of Intent: - Demonstrating that the accused did not intend to commit a crime upon entering the premises. ### 2. Consent: - Proving that the accused had the property owner’s permission to enter the building or habitation. ### 3. Mistaken Identity: - Arguing that the accused was not the individual who committed the burglary. **Bonus Info:** [Challenging Evidence: Making or Breaking a Case](https://tadlaw.com/blog/challenging-evidence-in-criminal-cases/) ## The Importance of Legal Representation Given the severe consequences of a burglary conviction, securing skilled legal representation is a given. Our team of criminal defense attorneys at Tad Nelson & Associates will defend your rights, good name, and your future. Tad Nelson, Board Certified® in Criminal Law by the Texas Board of Legal Specialization™, alongside Amber Spurlock, brings a wealth of experience to the table. ## Charged with Burglary in Greater Houston? ### Call Burglary Defense Lawyer Tad Nelson Today! ![Houston Criminal Defense Lawyer Tad Nelson - Fighting Texas Burglary Charges](https://tadlaw.com/wp-content/uploads/2023/07/Attorney-Tad-Nelson-Board-Certified-in-Criminal-Law-1.webp) If you or a loved one is dealing with a burglary charge, seek legal counsel immediately. Contact Tad Nelson & Associates at [**713-802-1631**](tel:7138021631), or send a message through our [contact page](https://tadlaw.com/contact-us/) to get in touch with us. We have law offices in Houston, Galveston, and League City, TX, are ready to provide the legal counsel you’ll certainly need. **Let’s get started. Schedule your free consultation with Tad today.** https://vimeo.com/839118021/5e25a3433d Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started Criminal Defense Blog Posts: [New Test Flags Underage Drinking Risk Criminal Defense Texas readers may be interested to learn that researchers have developed a new personality-based aimed at identifying kids at high risk for...](https://tadlaw.com/blog/new-test-flags-underage-drinking-risk/) [Why Hire a Board Certified Attorney? Criminal Defense Why hire a Board Certified Attorney? Attorney Representation in Houston, Texas since 1992 Board certification is a distinction held by less than...](https://tadlaw.com/blog/why-hire-a-board-certified-attorney/) [Texas Expands the Legal Definition of Stalking Criminal Defense Definition of ‘Stalking’ Expanded in Texas Texas law treats domestic violence as a serious crime. 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