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Secrets of the Texas Criminal Justice System and Your Rights
Classified under Texas Statute section 30.02, burglary is one of the most common types of theft crimes. This is because burglary involves several different types of offenses including entering a building, remaining concealed in a building with the intent to commit a felony, and entering a building and committing a felony. Burglary charges can also result in serious penalties if the accused is found guilty in a court trial.
If you have been charged with burglary, call an experienced attorney today. A Lubbock burglary lawyer is well equipped to defend against these charges to ensure the best possible outcome for you.
What is Burglary?
Burglary is not the same as robbery. Burglary occurs when a victim is not present or aware of the theft. Texas law defines burglary as when a person:
- Enters a building to commit an assault, felony, or theft without the property owner’s consent
- Remains concealed with the intent to commit an assault, felony, or theft
- Moves within a building, or enters a building and attempts to commit a felony, theft, or assault
Consequences of a Burglary Conviction
The exact penalties a person faces for burglary depends on a few key facts, which include:
- If the burglary was committed in a building that is not a habitation, the crime will be charged as a state jail felony with potential penalties including a $10,000 fine and up to 180 days in jail.
- If the building in which the burglary is committed is a habitation, the resulting penalties include up to $10,000 in fines and up to 20 years in prison.
- If the building that was burglarized is a habitation and a person entered the building to commit any type of felony except for theft, a person faces a first-degree felony charge and a maximum of life in prison.
Specific Types of Burglary
There are specific types of burglary as defined under the law. Some of those include:
- Burglary of a Rail Car. A person who entered a rail car without proper authorization faces a state jail felony.
- Coin-Operated Machine Burglary. In accordance with Texas law, a person who enters or breaks into any type of coin-operated machine faces a Class A misdemeanor that can result in a minimum of six months in jail, if that person was previously convicted of a similar offense.
- Vehicle Burglary. Under Texas law, entering or breaking into a vehicle without the owner’s consent is also considered a Class A misdemeanor.
Speak with a Lubbock burglary lawyer to learn more about the different types of this offense.
Defenses to Burglary
There are various points that can be raised by a Lubbock burglary lawyer in defense of their client. For example, several defenses concern misunderstanding. A burglary attorney might prove that their client was granted permission to enter the property and, therefore, not all the required elements of a burglary existed.
Another common type of defense involves demonstrating that prosecution did not prove beyond a reasonable doubt that the alleged burglar actually committed the crime.
Speak with a Lubbock Burglary Attorney Today
A burglary can create some substantial obstacles in a person’s life including the social stigma of being convicted of a theft based offense. Determined legal counsel understands that not every person who is charged with burglary has committed the offense.
If you or a loved one is charged with a burglary in Texas, consult with a Lubbock burglary lawyer today. Skilled legal counsel can analyze the various facts in your case and determine your best options in responding to the charge. They will guide you through every step of the legal process and fight for the best possible conclusion to your case.