When facing criminal charges related to burglary, understanding Texas law is going to be an important fundamental of any defense strategy. For criminal charges of this magnitude, you’ll need experienced legal representation.
At Tad Nelson & Associates, we specialize in criminal defense for people on docket in Harris County. We’ve developed our reputation as criminal defense lawyers by leveraging decades of experience to protect our clients’ rights and interests.
If you need to talk with a criminal defense lawyer in Houston about burglary charges, contact us at 713-659-0909 to schedule a free consultation so we can go over your case. Prefer to send us a message? Click here.
In the meantime, feel free to browse over the rest of this article to learn more about burglary cases, defense strategies, and Texas law.
What Constitutes Burglary in Texas?
In Texas, burglary is defined as unlawfully entering or remaining in a building, habitation, or vehicle with the intent to commit theft, assault, or a felony. It’s important to note that the mere act of trespassing does not constitute burglary unless accompanied by the intent to commit a crime.
Degrees of Burglary
Texas recognizes two degrees of burglary:
- Burglary of a Building: This involves unlawfully entering or remaining in a building with the intent to commit a crime. This offense is typically classified as a state jail felony, punishable by up to 2 years in state jail and fines.
- Burglary of a Habitation: Burglary of a habitation is a more serious offense. This offense involving entry into a habitation (a structure or vehicle adapted for overnight accommodation) with the intent to commit a felony, theft, or assault. It’s classified as a second-degree felony. If convicted, it could mean penalties of 2 to 20 years in prison and fines.
Effective Defense Strategies
When facing burglary charges in Texas, a well thought out defense strategy, based on the circumstances, can go a long way to keeping you out of prison. Here a few effective approaches that we’ve successfully executed in the past:
- Challenging Intent: Prosecutors must prove beyond a reasonable doubt that the defendant intended to commit a crime upon entry. As skilled Texas defense attorneys, we can usually challenge this element by presenting evidence or arguments suggesting lack of intent.
- Questioning Identity: In cases where identification is based on circumstantial evidence or witness testimony, raising doubts about the accuracy of identification can weaken the prosecution’s case.
- Illegal Search and Seizure: If evidence was obtained through an illegal search or seizure in violation of the Fourth Amendment, we may be able to have that evidence suppressed. If we’re successful, it can significantly weakening the state’s case.
- Alibi Defense: Providing a credible alibi supported by witnesses or evidence placing the defendant elsewhere at the time of the alleged burglary can be a powerful defense strategy.
- Negotiating Plea Bargains: In some cases, negotiating a plea bargain for reduced charges or penalties may be the most favorable option for the defendant, especially if the evidence against them is strong.
Why Choose Houston Criminal Lawyer Tad Nelson?
At Tad Nelson & Associates, we understand the gravity of criminal charges and the impact they can have on your life. With over three decades of experience practicing law in Houston and federal courts, Attorney Tad Nelson is a seasoned advocate for those facing criminal charges. As a Board Certified Criminal Law Attorney, Tad Nelson brings unparalleled dedication to every case.
If you or a loved one are facing burglary charges or any other criminal allegations, contact us to discuss the matter and schedule a confidential consultation. Trust Tad Nelson & Associates to protect your rights and provide relentless defense against criminal charges in Houston.
Our law firm is committed to providing aggressive representation to achieve the best possible outcome for our clients. We have law office locations in central Houston, League City, Downtown Houston, and on Galveston Island. If you need help, call us.
We provide free consultations, affordable legal fees, and excellent criminal defense talent.
