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In general, Texas is one of the states on the higher side of burglary rates than other states in the United States. According to a 2017 summary of crime in Texas by the Texas Department of Public Safety, burglary separate from vehicle theft was the second most common crime after larceny. The state of Texas reported 133,145 incidents of robbery out of 842,055 crimes in total. With the high number of properties existing in Texas, that might not come as a surprise. However, just as the high number of burglary crimes exists, so does the price for doing so.

Texas has harsher penalties for burglary in comparison to other states, not only because Texas has harsher starting penalties in general but also because when it comes to burglary, it skips over classifying it as a misdemeanor. Additionally, if you end up entering to rob a specific location, the offense and punishment can be escalated. Contact a lawyer for burglary defense if you’re charged with burglary or you know someone who might in trouble with the law for burglary.

Lawyer for Burglary in Houston, TX

If you’re charged with burglary in the state of Texas, you need to speak to a lawyer for burglary defense immediately. Texas laws can punish severely for burglary, and you want a viable defense who can prevent that from happening.

At The Gonzalez Law Group, PLLC, we want to help you. We know a burglary charge can not only affect you but your family as well. If we take you as our client, we will fight for your sentence to be discharged or least reduced. Contact us at (832) 530-4070 for a free consultation or fill out one of our free case review forms at the bottom.

We at The Gonzalez Law Group, PLLC work with clients from all over the Greater Houston area, including The Woodlands, Katy, Galveston, Baytown, Freeport, Lake Charles, Bay City, Pasadena, Cypress, and more.

Overview of Burglary

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What is Considered Burglary Under Texas Law?

Under Texas law and its Penal Code § 30.02, burglary is a type of trespassing with an intention. The trespassing part of the offense refers to entering a building or premise without the owner’s permission or legal authorization.

All this to attempt or commit a felony, theft, or assault. Although many times it’s compared to larceny or vehicle theft, burglary involves explicitly going inside a structure or building. The offense also specified that it could include any part of the property and not just a specific area.

If the burglary involves a non-residency building, then the offense is labeled as a state jail felony. In contrast, if the burglary consists of habitation or place of residence, then the offense is labeled as a second-degree felony. However, offenses are elevated if they involve specific locations. If the commercial building is not residential but is a place possessing controlled substances inside, like a hospital or medical facility, and the person stealing has the intention of taking a controlled substance, then the offense becomes a third-degree felony. The highest regarded offense involving burglary becomes the first-degree felony if it meets the following:

· The place of burglary is a habitation; and

· Has an intention to commit, or tries to engage, or commits another felony, aside from theft

An example of this type of offense is an armed burglar breaking to a house to rob the home and kill the people living inside that home.

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Burglary Penalties

As stated below, the offenses for burglary depend on the type of burglary taking place and its location. Their offense categorizes the following penalties. However, the penalties are ultimately subject to the court and judge.

Burglary Type  Offense  Penalty 
Unauthorized building or facility (not a habitation)  State Jail felony  Incarceration: Confinement in a state jail for 180 days to 2 years  Fine: Up to $10,000 
Commercial building or facility storing controlled substances  Third-Degree Felony  Incarceration: Prison for 2 years to 10 years  Fine: Up to $10,000
Place of habitation (without committing another felony offense)  Second-Degree Felony  Incarceration: State prison for 2 years to 20 years  Fine: Up to $10,000
Place of habitation intending or attempting to commit another felony, or doing so  First-Degree Felony  Incarceration: Prison for life; or 5 years to 99 years; subject to increase if second felony offense involves aggravated sexual assault   Fine:

Up to $10,000

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Additional Resources

Crime in Texas by the FBI – The following page is an FBI government page listing the number of crimes by city and category. Here you can see that particularly Houston, TX, has the highest number of burglary rates in all of Texas, even when combining other major cities. The crime of burglary itself is one of the highest numbers of crimes in the state.

Texas Penal Code – Visit the Texas legislature penal code section to see how the state of Texas has laid out the crime in its laws. Here you can see how burglary is one of the types of thefts that are punished harsher in comparison to others.

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Attorney for Burglary in Houston, TX

Penalties for burglary start at imprisonment, so you want to seek legal counsel as soon as possible. If you or your loved is accused of burglary, seek our help at The Gonzalez Law Group, PLLC immediately. Our burglary attorneys have experience in criminal defense for burglary and know the law well. We will do anything in our power to try to help you.

The Gonzalez Law Group, PLLC understands how critical this situation is for your family and loved ones. Our attorneys can analyze your case when you come in and give you the steps to follow. Call (832) 530-4070 for a free consultation over the phone with no strings attached.

We are located in Houston, Texas, and work with clients from Harris County, Montgomery County, Galveston County, Chambers County, Fort Bend County, Brazoria County, Waller County, Liberty County, Austin County, and many others.