Austin Burglary Attorney
The threat of facing significant jail time can hinder your future. This could put tremendous stress on your family emotionally and financially. With the possibility of imprisonment, a strong, professional criminal defense attorney can give you legal guidance and offer you the best possible outcome.
Overview of Burglary
Burglary is considered the unlawful entry or breaking and entering into a building. An additional felony does not actually have to occur for the crime to be charged. The act of invading a domicile, private building, or vehicle without consent with the objective to commit a felony, assault, or theft is premeditation.
Burglary Defined – Texas
Texas Penal Code §30.02 interprets burglary as the unauthorized intrusion into a building used for habitation, private property, and coin machines with the purpose to commit a theft, assault, or other felonies. Inhabited properties are defined as places where people live and sleep. A person does not have to enter the building for a burglary to be considered to have occurred.
The Elements of Burglary
Burglary is split into two elements by definition:
Entry – Illegally entering into a structure or staying beyond the time permitted to enter and hide. For example, a person comes into Walmart during business hours and hides until they close. After the store closes the person steals what they intended to take.
Intent – State of mind of the person entering into the building establishes intention. The reasons for unlawfully intruding into the property defines the degree of prosecution. For example, a person uses burglary tools to intrude into the property.
Only one element needs to be proven for burglary to be charged.
Penalties – Burglary Texas Laws
Unauthorized entry of a domicile is a second-degree felony. A second-degree felony of habitation is punishable with up to $10,000 in fines and two to twenty years in the Texas Department of Criminal Justice State Jail Division (TDCJ).
If a person has prior charges and is looking at the possibility of being charged with burglary, they might receive harsher sentencing. The courts may look at this act as a habitual offender offense, and maximum sentencing can be given. This means longer prison time and severe charges on your record.
Texas has strict laws on burglary. If you are being investigated and have not been charged yet, then the time is crucial in hiring a good defense attorney. Only an attorney can provide legal representation and offer legal advice.
Aggressive Defense Attorney of Austin, Texas
The Erin Shinn Law Office is determined to get you the best results in defending your rights when you are facing criminal charges. Attorney Erin Shinn has knowledge of Texas burglary laws, strong investigative skills, and is proficient at gathering the evidence to absolve you of any suspicions so you can get clear of the situation. Call now for a free consultation!