Texas state law defines burglary very broadly and includes more than just illegal entry into a home for purposes of theft. Even if you did not steal anything, you may be facing burglary charges for other alleged conduct. This felony offense could result in years behind bars if you do not properly defend your case.
It is therefore critical to work with an experienced theft attorney who can analyze your case and fight to protect your constitutional rights. A dedicated Frisco burglary lawyer has what it takes to investigate your situation and build a strong defense on your behalf. At Barbieri Law Firm, P.C., we take your case seriously and will pursue the best possible outcome in your situation.
What is Burglary under State Law?
Burglary charges are much more extensive than many people realize. Under Title 7 Texas Penal Code §30.02, a person is considered guilty of burglary when they:
- Enter a building or habitation without consent of the owner and with intent to commit a theft, assault, or other felony;
- Remain in a building or habitation without consent of the owner with intent to commit assault, theft, or another felony; or
- Enter a building or habitation without consent of the owner and attempt to or commit a felony, assault, or theft.
A “habitation” is any vehicle or structure used for overnight accommodation. Garages, sheds, or additional connected or nearby structures may qualify as a habitation in the right circumstance.
The law specifically identifies assault and theft as examples of burglary and creates the potential to include any other felony the person intends to or actually commits. These legal definitions greatly broaden the scope of the offense and could impact a person’s burglary case in significant ways, making it critical to work with one of the well-versed Frisco lawyers at the Barbieri Law Firm, P.C.
Penalties for Burglary Charges
Potential penalties that a person could face upon being convicted of burglary in Frisco include:
- Second Degree Felony: If the burglary was of a person’s residence, the felony is of the second degree. This may result in a prison sentence of two to twenty years and a fine of up to $10,000. The offense may raise to a first-degree felony if the individual entered with the intent to commit a felony other than theft.
- State Jail Misdemeanor: If the burglary was of a non-resident building, it is a state jail misdemeanor. A conviction could result in 180 days to two years in prison with a possible $10,000 fine.
- Class A Misdemeanor: Burglary of a vending machine or vehicle could result in a jail sentence of up to one year, with vehicle burglaries carrying a minimum of six months in jail. Both carry a maximum fine of $4,000.
Regardless of what type of burglary charge a person faces, they all have severe consequences. It may be beneficial for an accused individual to reach out to a knowledgeable burglary lawyer in Frisco for help with defending their rights.
Let a Frisco Burglary Attorney Defend Your Rights
A burglary charge is incredibly serious and requires a strong legal defense. If you want to have a fighting chance in court, you may need assistance from an accomplished attorney who understands the legal system and how to prepare your case appropriately.