San Antonio Burglary Defense Attorney

Defending Against Burglary Charges in Bexar County, Texas

Burglary is a serious theft crime, and a conviction for burglary in Texas carries harsh penalties. If you or your loved one has been arrested for or charged with any form of burglary in Bexar County or the nearby areas, contact the San Antonio burglary defense attorney at the Emmons Law Firm, P.C. With over 20 years of legal experience, including experience as a former prosecutor, Attorney Derek Emmons is prepared to aggressively defend your rights and work to protect your future.

Contact our firm online using our simple contact form, or call us at (210) 702-3054 today for a no-cost consultation and case evaluation with Attorney Derek Emmons.

Burglary Habitation Charges in Texas

Under the Texas Penal Code, there are three ways the crime of burglary of a habitation can be proven in the state.

All instances involve no effective consent of the owner and:

• Entering a habitation or any portion of a building that is not then open to the public with the intent to commit a felony, a theft, or an assault; or
• Remaining concealed with the intent to commit a felony, theft, or an assault in a building or a habitation; or
• Entering a building or habitation and committing or attempting to commit a felony, theft, or an assault.

Simply entering a building does not rise to the level of burglary, and would likely result in a charge of criminal trespassing. The state must prove beyond a reasonable doubt that the person who entered the building intended to commit an assault, theft, or felony of some sort.

Entering a vehicle or breaking in with the intent to commit a felony or theft is also considered burglary. For burglary, even if the felony, theft, or assault did not take place, a defendant may be found guilty even if all they had was the intent to commit a crime.

To be prosecuted for the lesser charge of criminal trespassing, the only things that need to be proven are that the defendant entered or remained on the property of another without that person’s consent and that the defendant knew that the entry was forbidden, or that they had received notice to leave but did not do so.

Burglary of a Building Charges in Texas

Texas law defines burglary as having the following elements present:

• Unauthorized breaking or entry
• Into a building or an occupied structure
• With the intent to commit a crime while inside

Burglary of a building is a serious charge and will normally be prosecuted as a second-degree felony. Upon conviction, a defendant can face 2 to 20 years in prison and a fine of up to $10,000. In some instances, if a felony is committed after entry into the building, the charge could be elevated to a first-degree felony with a penalty that could include 5 to 99 years in prison and a fine of up to a $10,000.

Distinguishing Between Burglary and Criminal Trespass

Burglary habitation is considered a second-degree felony in Texas, with punishment ranging between 2 and 20 years of incarceration and a fine of up to $10,000. However, if the defendant intended to commit a felony other than theft or actually did commit a felony other than theft, then the charge rises to a first-degree felony, which can be punishable by 5 to 99 years of incarceration and a fine of up to $10,000.