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Austin Burglary Defense Attorney

Burglary Laws in Texas

Burglary or attempted burglary of a residence, building, or even a vehicle is a serious crime in Texas. Your charges may consist of a felony or misdemeanor, depending on whether you burgled a structure or a vehicle. You could be facing jail or prison time, heavy fines, a long probation, while you walk away with a permanent criminal record. That record can haunt your future with a negative stigma that can hamper getting employment, rental housing, or professional licenses such as for real estate, pharmacy, nursing, and other careers.

As in any criminal charges or investigation, your best chances of a positive outcome will rest on the quality and determination of your legal representative. It is imperative in such a situation that you retain the services of an attorney who has a track record and reputation for competent advocacy. At The Law Office of Will Mitchell, you can rest assured that your case is in the hands of a professional who has invaluable experience and skill. Our Austin burglary defense attorney has practiced criminal defense exclusively in Texas courts for the past 15 years. He is a skilled trial lawyer with a strong track record of success. Beyond that, he will treat you with friendliness, dignity, and respect, building a relationship based on trust.

Investigated or charged with burglary? Contact The Law Office of Will Mitchell at (512) 858-8611 for a free, initial consultation.

What is Burglary?

Burglary in Texas refers to entering or remaining unlawfully inside any type of building or structure with the intention to engage in some type of theft crime, assault, or other felony. The structure may be a public or private one. Burglarizing someone’s residence is often referred to as a home invasion. In order to be convicted of this type of crime, it is the burden of the prosecutor to prove both elements of the crime – entering or remaining inside after the building has closed and intent to commit a crime. You can be convicted of burglary without actually having carried out your intention; proof that you entered with intent is enough for a conviction.

What are the Penalties for Burglary?

How you are charged and what the penalties may be imposed will depend on the facts and circumstances of the crime:

  • Burglary of a building that is not someone’s residence is generally charged as a state jail felony which is punishable by six months up to two years in a state jail and/or fines of up to $10,000

  • Burglary of someone’s residence is charged as a second-degree felony punishable by a prison term of two to 20 years and fines of up to $10,000

  • Burglary of someone’s residence is charged as first-degree felony when entering with the intention to commit a felony other than theft or when you have actually committed such a felony; this is punishable by five years to life in prison and fines of up to $10,000

  • Burglary of someone’s vehicle is charged as a Class A misdemeanor punishable by up to a year in jail and/or fines of up to $4,000

In the case of a vehicle, if it has been adapted into overnight sleeping and accommodation, it will be considered burglary of a habitation (residence) carrying those charges and penalties.

Ensure You are Well Defended in Criminal Charges

Any criminal charge, especially felony charges, can have a dramatic and lasting impact on your life. It is your constitutional right to aggressively defend yourself and, while it is often overlooked, you are innocent until proven guilty. Our firm is here to ensure that you have the most effective defense given the specific circumstances of your arrest and charge. We urge you to take advantage of the legal ability and determination you will find at The Law Office of Will Mitchell.

Discuss your case with our attorney by calling us at (512) 858-8611.