Burglary in the state of Texas is classified as a theft that occurs when a person enters a dwelling with the intent of committing a theft within. Many individuals charged with burglary in Texas will find it helpful to contact a skilled attorney.
An Amarillo burglary lawyer can evaluate your situation and provide you with individualized attention and top-notch legal support in your defense.
What is Burglary?
Many are mistaken when it comes to the legal definition of a burglary charge and, in some cases, people even think burglary is the same as robbery or theft. It is not. Burglary charges focus on very specific offenses. These include:
- Entering a premise that belongs to or is under the control of another person without permission
- Entering a structure with the intent to commit theft or another felony while inside the building
Therefore, even if a person does not literally perform a burglary, that person can still be convicted of the offense if he or she intended to burglarize a premise. It is important to understand, however, that if the prosecution in a burglary case fails to prove either of these elements above, a case will not stand and a person may avoid being convicted.
Degrees of Burglary
Burglaries are classified as either felonies or misdemeanors. There are three types of burglary charges. They are:
- Third-degree burglary: This occurs when a person enters a business or other type of dwelling without the property owner’s consent with intent to commit a theft
- Second-degree burglary: This is when a person without the consent of the property owner enters a habitation with the intent to commit a theft
- First-degree burglary: This occurs when a person enters the home of another person with the intent to commit any felony other than theft
A skilled Amarillo burglary lawyer can work with a person to build defenses to these different types of burglary charges.
Penalties for Amarillo Burglaries
The burglary of a structure not inhabited by people is classified as a state felony that can result in a person facing up to two years in jail and a fine of up to $10,000. Burglary of an inhabited structure is classified as a second-degree felony that can result in up to 20 years in prison and substantial fines. If a person enters a building that is inhabited by others to commit a felony other than theft, this is a first-degree felony with potential penalties including life in prison and a $10,000 fine.
Speak with an Amarillo burglary lawyer to learn more.
Defenses to a Burglary Charge
There are some defenses that a person can raise against a burglary charge, such as:
- The person being charged only committed the burglary under coercion or the threat of harm or physical injury if the person failed to comply.
- The person being charged is innocent and did not commit the crime of burglary.
- The person being charged did not intend to commit the crime in question.
- The person being charged with burglary actually had permission to enter the premises.
- Open to the Public. The structure in question was open to the public so the person being charged did not actually commit burglary.
Speak with a Knowledgeable Amarillo Burglary Attorney Today
If you have been charged with burglary, an Amarillo burglary lawyer knows how to help analyze your case and determine the various legal strategies to respond to this matter. Determined legal counsel has the experience necessary to help respond to your burglary charge. Contact today and receive the help that you deserve.