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Burglary Defense

Updated: May 3, 2024 @ 1:42 pm

If you’re facing criminal charges for burglary in Harris County, let me be unequivocal—time is of the essence.

I am Attorney Tad Nelson. I’m Board Certified™ in Criminal Law by the Texas Board of Legal Specialization. I take pride in helping people stay free. Along with Attorney Amber Spurlock, we are lead counsel at Tad Nelson & Associates. We have a track record of winning in Harris County court for our clients.

If you need help following criminal charges for burglary in Houston, contact our law firm to schedule your free case review today. We can be reached at 713-659-0909.

Texas Law & Burglary

A Quick Review

Burglary is covered in Texas Penal Code §30.02.

Generally, you can be charged with burglary if you unlawfully enter a building, habitat, or vehicle with the intent to commit theft, assault, or any felony therein.

Importantly, the term “unlawfully” covers both forced entry and deceptive entry. For example, entering through an unlocked door without the owner’s consent.

The criminal classification of a burglary charge can range from a state jail felony to a first-degree felony. The severity of the charge is contingent on a multitude of factors. This can include the type of premises entered and any aggravating factors.

Potential Defenses

False Arrests for Burglary

False arrests for burglary happen all the time. There are a number of examples where this can happen.

Imagine being arrested for entering your estranged spouse’s home. Although you were technically still cohabitating and had the tacit approval to enter, they called the cops on you.

There’s also a common scenario where a lost hiker takes refuge in an abandoned shack and end up busted. They’ll be arrested for burglary, merely for seeking shelter from inclement weather.

These instances exemplify scenarios where “mens rea,” or criminal intent, is absent. If we can prove a lack of criminal intent, the jury might dismiss the burglary charge.

As outlined in the Sixth Amendment to the Constitution of the United States, you have a Constitutional right to a fair trial. That entails exploring every grain of evidence, every nuance that can illustrate flaws in the prosecution’s case.

Houston Burglary Charges Can Be Beat!


Successfully beating Houston burglary charges can be done. There are multiple pathways to a successful defense. Let’s review a few.

Lack of Criminal Intent

As referenced earlier, an absence of criminal intent can scuttle the prosecution’s case. Without criminal intent, the state’s case can be rendered null and void.

Right of Entry

Proving that you had a legal right to be on the premises can result in a dismissal of all charges. Texas law stipulates that entry into your own domicile or a shared habitat is usually not considered burglary, regardless of any friction in the relationship.

Mistaken Identity

It’s not unprecedented for an innocent person to be arrested during a burglary investigation. DNA evidence, eyewitness accounts, and even alibis can all converge to absolve you of any criminal wrongdoing.

Involuntary Intoxication

In extreme cases, involuntary intoxication—i.e., someone surreptitiously spiking your drink—can negate the intent element necessary for a burglary conviction. However, we tread cautiously. This type of defense demands meticulous substantiation. In other words, we’ll need lots of supporting evidence to win using this defense strategy.

Texas Burglary Convictions

Potential Penalties

Consequences for burglary in Texas are serious.

State jail felony, the least severe classification for a burglary charge, can result in up to two years in a state jail and a fine not exceeding $10,000.

At the other end of the spectrum, a first-degree felony can mean a sentence ranging from five to 99 years, or life imprisonment. Oh yeah, and a fine not exceeding $10,000.

Moreover, a conviction for burglary can ripple through your life. A conviction on your background can negatively impact your future employment opportunities, housing qualification, and even cause you to lose your parental rights.

Facing Burglary Charges in Houston?

Call Tad Nelson & Associates Today!

Houston criminal lawyer Tad Nelson

At Tad Nelson & Associates don’t merely aim for damage control. Our objective as your defense counsel is to pursue the best achievable outcome for your case.

If we look at the details and feel we can the thing dismissed, that’s the strategy we’ll pursue. As Houston criminal trial lawyers, we’ll only take a case that far if we believe we can win it. We’re usually right.

If you have burglary charges in Harris County, call us today at 713-659-0909. Our legal team will review your case at no charge. Our caliber of legal counsel is not just an option; it’s a necessity.

Call us today to schedule a time for you free case review and initial consultation.

Burglary Defense

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Burglary Defense
Burglary Defense
Burglary Defense
Burglary Defense
Burglary Defense