Burglary Attorney in Friendswood, TX
Being accused of burglary means you’re being charged with breaking into a location with the intent to commit another crime. That doesn’t necessarily mean what you are being accused of actually meets the legal definition of burglary in Texas. Consulting with a Friendswood burglary lawyer can help you understand the legal definitions of burglary charges and how they might apply to you.
Facing a burglary accusation is a common reason to seek a Friendswood criminal defense lawyer. Burglary charges can occur in a variety of situations in Friendswood. With several neighborhoods bordering FM 518 and FM 528, as well as a commercial hub along I-45, burglary allegations can occur virtually anywhere and at any time.
From being accused of burglary due to a misunderstanding to having hours of police surveillance and forensic evidence piled up against you, there are many ways you could find yourself in need of a lawyer to defend you from burglary charges.
About The Law Offices of Tad Nelson & Associates
The Law Offices of Tad Nelson & Associates has a team with decades of experience representing people in Galveston County, including cases handled at the Galveston County Justice Center.
The firm was started by a former prosecutor and handles every case with strategic insight, rigorous preparation, and a promise to preserve clients’ rights. When you engage with us, you get quick responses, thorough case analysis, and a defense that is tailored to your specific needs.
Understanding Burglary Laws in Texas
In Texas, burglary falls under Texas Penal Code § 30.02. Many people do not understand everything that falls under the umbrella of burglary. Under this law, a person commits burglary if they enter a building, habitation, or vehicle that is not open to the public, with the intent to commit a felony, theft, or assault. Note that burglary charges are not based on what you did after you entered the location, but what you intended to do at the time of entry.
So if you are accused of burglary but did not complete the crime you intended to commit, you could still be charged with burglary. While you may not have taken anything or caused damage to property, prosecutors can use the circumstances around your situation to infer that you intended to do so. Intent can be just as punishable as action in Texas.
Entry itself does not require a person to be completely inside a structure or vehicle. Extending your hand, a tool, or any object connected to your body into a structure or vehicle can constitute entry under Texas law.
It’s important to know that Texas law treats burglary of a building differently from burglary of a home. A habitation is any structure that is adapted for overnight accommodation. This includes your home, apartment, RV, or hotel room. Because burglary of a habitation puts the occupants at risk of facing injury during the crime, it is considered a more serious offense.
You don’t have to forcibly enter a building to face a burglary charge. If you legally entered the location but developed the intent to commit a crime after the fact, or if you remained hidden inside after legal entry and with the intent to commit a crime, you can still be charged with burglary.
Types of Burglary Charges
In 2024, the state of Texas saw89,530 burglary/breaking and entering incidents. This was a 4.4% decrease from the previous year, which saw 93,668 incidents. There are four distinct ways burglary is charged in Friendswood, depending on the circumstances surrounding the alleged crime:
- Burglary of a building
- Burglary of a habitation
- Burglary of a vehicle
- Attempted burglary
Discussing with your Friendswood burglary attorney which category your charge falls under is important to determine whether or not you were even charged with the right offense.
Burglary Penalties in Texas
As with any crime in Texas, burglary charges can range in penalty depending on what you are accused of. Penalties for burglary are some of the highest for crimes that do not involve another person. Burglary of a building is usually a state jail felony. If convicted, you could be sentenced to serve time in a state jail facility for up to two years.
However, if you are accused of burglary of a habitation, you are likely looking at a second-degree felony charge. Second-degree felonies are punishable by two to 20 years in prison. If you are with the intent to commit burglary or another felony, your charge may be enhanced to a first-degree felony. First-degree felonies are punishable by five to 99 years or life imprisonment.
There are other circumstances that can result in burglary charges. For example, burglary of a pharmacy with the intent to obtain controlled substances is a third-degree felony.
Texas Penal Code § 30.04 specifically deals with burglary of a vehicle. Burglary of a vehicle is usually a misdemeanor for a first-time offense. However, repeat offenses or other aggravating factors can enhance the charge to a felony.
The Complexity of Burglary Cases
In burglary cases, everything comes down to intent. Unlike many other charges, a burglary case usually hinges on prosecutors crafting a narrative based on indirect evidence. The time of entry, actions leading up to and following the event, and materials found in your possession could potentially be used to show intent. Similar fact patterns can result in wildly different conclusions based on how the evidence is used.
Sometimes, what looks like a burglary could be downgraded to criminal trespass. Prosecutors have to prove that you intended to commit burglary of a habitation or some other crime when you entered the property. Every piece of evidence and detail about the situation needs to be analyzed and used to your advantage.
Local Considerations in Friendswood
Just as Friendswood sits between Houston and Galveston, your burglary accusation could occur in a variety of locations. Residents in neighborhoods around FM 518 and FM 528 are often subject to burglary allegations, as are individuals shopping in retail centers or conducting business in business districts. Your case will likely be heard at the Galveston County Justice Center located at 600 59th Street, Galveston, TX 77551.
Burglary charges are taken very seriously by our courts and county prosecutors, especially those involving a habitation. Most police departments utilize surveillance cameras, alarm systems, and trace evidence to make their cases. It’s important to understand how these systems work if you are facing burglary allegations in Friendswood.
Hire a Burglary Lawyer
At The Law Offices of Tad Nelson & Associates, we understand that burglary cases move quickly. Evidence is collected, and early statements can often shape the narrative of a case.
Don’t wait to hire a burglary lawyer in Friendswood. Being proactive with your defense allows you to go on the offense. This process encompasses examining the evidence, challenging the prosecution’s narrative, and maintaining silence during police questioning. Getting a lawyer involved early can influence how the case unfolds, even whether charges are brought in the first place.
FAQs
Q: What Is the Penalty for Burglary in Texas?
A: Penalties for burglary in Texas vary according to the circumstances of the offense. Burglary of a building is typically a state jail felony punishable by up to two years in a state jail. Burglary of a habitation is usually a second-degree felony punishable by two to 20 years in prison and fines. Aggravated burglary is punished as a first-degree felony.
Q: What Evidence Is Needed to Prove Burglary?
A: To convict a defendant of burglary, prosecutors have to prove that the defendant unlawfully entered a building and intended to commit a felony, theft, or assault therein. Surveillance video, fingerprints, witness testimony, and possession of stolen goods may support this. Since intent is seldom established directly, circumstantial evidence of events leading up to or after the break-in is frequently relied upon.
Q: Is Jail Time Mandatory for a Burglary in Texas?
A: Getting jail time for burglary in Texas is not guaranteed. If the charges are felonies, expect the possibility of going to jail to be very real. Some misdemeanor cases, even some state jail felony cases, can be punished with probation or an alternative sentence. But if you face enhanced charges or are charged with burglary of a habitation, you are facing a very high risk of prison time.
Q: What Is the Difference Between Burglary and Trespassing in Texas?
A: Intent is the main difference between burglary and trespassing in Texas. When someone enters or stays on property without authorization, without intending to commit another crime, it is considered criminal trespass. Proof that the perpetrator intended to commit a crime, theft, or violence at the time of entrance is necessary for burglaries. The way the offense is prosecuted and punished is greatly impacted by this distinction.
Contact The Law Offices of Tad Nelson & Associates
Burglary charges can feel overwhelming because you likely don’t know what to expect. Every choice you make now has the potential to impact your future. It’s important to know how Texas burglary laws may affect you, how intent is determined, and what defenses you have.
The decision to hire a burglary lawyer hinges on whether you aim to fully shield your future and have dedicated support during the legal proceedings. At The Law Offices of Tad Nelson & Associates, we take a strategic and personalized approach to each case in Friendswood and the surrounding communities.Contact us today for a free consultation for your case.