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Defending Against Burglary Charges

Simply put, burglary is entering into a building or home to commit any crime, even though it is most often associated with theft. Burglary offenses fall under two categories:

  • Burglary of a building: State Jail Felony: Punishable from 180 days to two years in a state jail facility and up to a $10,000 fine.
  • Burglary of a habitation: Second-Degree Felony: Punishable from two to 20 years in the Texas Department of Corrections and up to a $10,000 fine.

For a prosecutor to prove a burglary, he/she must show you entered a building with the intent to commit a crime. Your charge will depend on the type of building you enter. Burglary of a building, usually a business, is a State Jail Felony. Enter someone’s home and the charge is burglary of a habitation, a Second-Degree Felony.

When Does Burglary Become A Felony?

If the burglary in question happening in a nonhabitat, like stealing from a car, then it will likely qualify as a misdemeanor. The charges will escalate into felony charges if the burglary happens in a home. The level of a felony can also escalate, depending on factors like if there was a weapon involved and if anyone was hurt in the process.

Can Burglary Charges Be Dropped?

It is possible for the prosecution to drop burglary charges in Texas. For this to happen, there needs to be a valid reason to do so. As your lawyer, I can pursue this option by negotiating with the prosecution by cooperating with them, challenging the integrity of the evidence in your case, and even questioning the actions of the police to find an error in their actions.

Can A Burglary Charge Be Expunged?

There are certain conditions that allow for charges to be expunged from a record, including:

  • If you were found to be not guilty of your charges
  • If you were pardoned after a conviction
  • If your charges did not result in a final conviction
  • The prosecution is not possible due to the statute of limitations expiring

I can review your situation to determine if you qualify for an expungement.

The Right Attorney For Serious Burglary Charges

If you’ve been arrested and charged with burglary, you need an attorney you can count on. I am an aggressive criminal defense attorney who has practiced in courts all over the metroplex. As an ex-police officer and a prosecutor, I know the intricacies of these types of cases.

An Experienced Defense Lawyer Ready To Fight For You

Facing criminal charges of any kind can be frightening. Let a qualified defense attorney guide you through the process of your criminal defense case. If you are already facing criminal charges or think you might be in the near future, contact my law office online or call me at 214-310-9196 to schedule a free initial consultation.