Burglary and theft are two different crimes according to the Texas Penal Code. While burglary is sometimes a type of “theft,” it is considered to be more severe in nature and therefore carries stronger penalties.
Therefore, if you are accused of burglary, it may be crucial that you contact a Fort Worth burglary lawyer who could expertly investigate and analyze your case, as well as craft strategic defense strategies to protect your rights, your reputation, and your future. Consult a determined theft attorney that could fight for you.
What Constitutes Burglary
In order for someone to be charged with and convicted of burglary, an actual theft does not need to take place. In actuality, unlawful entry combined with intent is all the prosecutor needs to prove. However, each specific case is unique, meaning each defendant generally needs a unique defense.
According to Texas Penal Code §30.02, burglary is committed when a person enters a building not open to the public with the intent to commit a felony, theft, or assault. Also, burglary can be charged if the defendant remains hidden in a habitation or building with the intent to commit a felony, a theft, or an assault.
Any charges and consequences associated with a burglary charge can be exacerbated if the defendant has prior burglary convictions. Regardless of the severity of the burglary charge and the defendant’s past, a burglary lawyer in Fort Worth could help them understand their charges and ascertain which defense strategy may be best suited for their case.
Consequences for Burglary Conviction
If a burglary crime occurs in a building that is not a habitation, the defendant could be charged with a state jail felony. A conviction for a crime of this classification may result in anywhere from 180 days to two years in state jail, plus fines of up to $10,000.
However, if the defendant allegedly committed the burglary in a habitation, the charge will typically be a felony of the second-degree. Potential fines still max out at $10,000 in value, but the possible prison sentence may be extended to up to 20 years.
First-Degree Felony Offense
The most severe degree of burglary is a first-degree felony, which may result from someone entering a habitation with the intent to commit a felony other than felony theft or attempting—successful or not—to do so. If convicted, the defendant may face up to 99 years in prison plus fines of up to $10,000.
Burglary of vehicles and the burglary of coin collection/coin-operated machines are mentioned in Texas Penal Code §30.04, but these crimes are charged as misdemeanors. These misdemeanors are not as serious as felonious burglaries, but they can still carry significant penalties, such as jail terms of up to one year in length or fines of up to $4,000. A Fort Worth burglary lawyer could attempt to mitigate the charges that an individual may face.
Speaking with a Forth Worth Burglary Attorney
Burglary accusations in the state of Texas likely mean you are facing felony charges, which in turn could mean the potential loss of constitutional rights, jail or prison time, hefty fines, and a lasting blemish on your reputation if your case ends in a conviction.
However, an experienced Fort Worth burglary lawyer could know what strategies to use and help you seek out the best possible outcome for your specific circumstances. Get started on your case by calling and scheduling a consultation today.
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