When most people hear the word “burglary,” they often picture someone sneaking into a home in the dead of night to steal electronics or valuables. But under Texas law, the crime of burglary is much broader—and potentially much more serious—especially when it intersects with domestic violence.
According to Texas Penal Code §30.02, a person commits burglary if they enter a habitation or building without the owner’s consent and either commit, attempt to commit, or intend to commit a felony, theft, or assault. This means you can be charged with burglary even if you didn’t take anything, so long as your unauthorized entry was tied to an act of violence or criminal intent.
This distinction becomes critically important in domestic violence cases, where emotions often run high and prior relationships complicate legal boundaries. In Galveston County, prosecutors take these cases seriously, especially when children or repeat offenses are involved.
A Real-Life Example: Turner v. State
In a case known as Turner v. State, the Texas Court of Appeals upheld a burglary conviction that offers a cautionary tale for anyone involved in a volatile domestic relationship.
The case began with a 911 call from a woman claiming her ex-boyfriend was banging on her door and windows, trying to gain entry into her apartment. Police responded and issued a criminal trespass warning to the ex-boyfriend, meaning he was officially barred from returning to the property.
Unfortunately, the next day brought another 911 call. The same woman reported that the man had not only returned but had entered her apartment and assaulted her in front of their child. Police arrived and removed the man from the scene.
Although the woman later signed a “non-prosecution affidavit,” stating she did not want to pursue charges, the district attorney moved forward. At trial, she testified that she had allowed the defendant into her apartment but that he assaulted her afterward. She also explained she signed the affidavit to protect the father of her children.
Despite her testimony, the jury convicted the defendant of burglary of a habitation, a second-degree felony punishable by up to 20 years in prison. The Court of Appeals affirmed the conviction, finding that the jury had sufficient evidence to conclude the entry was made without her “effective consent.”
What Is “Effective Consent” in Texas?
In Texas, “effective consent” is more than just a verbal or implied invitation. If prior conduct—like a criminal trespass warning—indicates someone is not welcome, or if the person gains access through coercion, deception, or force, then any “consent” is void.
In this case, even though the victim testified that she let the defendant in, the jury was allowed to consider her previous statements and the context. The fact that he had been warned by police the day before and was seen aggressively trying to enter the apartment painted a different picture.
How This Applies to Galveston County
As a criminal defense attorney practicing in Galveston County, I’ve seen how domestic relationships can quickly escalate into criminal charges with life-altering consequences. Law enforcement in Galveston, League City, and Friendswood and the courts in Galveston County treat these cases with urgency, particularly when protective orders or children are involved.
In fact, we recently defended a client in Galveston County who was charged with burglary of a habitation after his ex-wife attempted to withhold his phone during a custody exchange. We successfully secured a not guilty verdict by showing the jury that he entered the home solely to retrieve property that rightfully belonged to him.
If you’re facing similar charges in Galveston County, you’re not just up against an angry partner—you’re up against a legal system that assumes the worst and moves quickly to secure convictions.
New Legal Developments in Texas Domestic Violence Law
In 2023, the Texas Legislature passed Senate Bill 112, expanding the definition of household violence to include “coercive control”—a pattern of behavior that includes threats, intimidation, and surveillance. This law can now be used to justify protective orders and factor into domestic violence prosecutions, even if no physical violence occurred.
For defendants, this means that what may have once been viewed as emotional conflict or relationship drama can now carry legal weight. Combined with existing burglary statutes, it creates a potent risk for anyone who enters an ex-partner’s home after being told not to—especially if any form of assault or threat follows.
Your Rights and Defense Strategies
If you’re charged with burglary of a habitation in connection with a domestic violence claim, the stakes are extremely high. In addition to prison time, you could lose custody rights, firearm privileges, and future employment opportunities. A strong legal defense may include:
- Challenging the validity of the alleged lack of consent
- Proving mutual or mistaken entry
- Highlighting inconsistencies in the accuser’s statements
Remember: signing a non-prosecution affidavit doesn’t automatically dismiss charges. Prosecutors can—and often do—pursue cases without the victim’s cooperation.
Call Tad Nelson & Associates for Immediate Help
If you’re under investigation or have been arrested in Galveston County for domestic-related burglary or assault, don’t wait to protect your future. At the Law Offices of Tad Nelson & Associates, we bring years of experience in defending high-stakes criminal cases. Call us today at (281) 280-0100 for a confidential consultation.
We represent clients throughout Galveston County, including League City, Texas City, Dickinson, and Friendswood. When your freedom is on the line, you need a defense attorney who knows the law—and the local system.