Charges Of Burglary Of A Habitation In Texas

A burglary suspect is on the run from a Denton law enforcement officer who was in the process of serving the man two warrants for his arrest.When law enforcement arrived at the man’s residence to arrest him, the man began running through driveways and backyards throughout the surrounding neighborhood. The man was last spotted walking towards Interstate 35 East. The man has two outstanding warrants for theft under $2,5000 with two or more previous convictions and burglary of a habitation with intent to commit theft. The theft charge is related to an offense that occurred on July 11. The burglary charge is a second degree felony related to the individual unlocking and driving away in another person’s motor vehicle. Fortunately, the car was found hours later at a nearby location.

Many individuals are not aware that there are actually three ways to commit burglary of a habitation or building under applicable law in the state of Texas. The crime that a person is charged with frequently depends what type of offense a person intends on performing in the building or habitation.

Applicable Laws Concerning Burglary Offenses

Applicable law in the state of Texas dictates that burglary can include one of three offenses. In each of these three offenses, a person must have the intent to commit one of three types of crimes, which means that simply entering the building is not sufficient to convict a person of the charge. These three types of offenses include the following:

  • Entering a habitation with the intent to commit an assault, felony, or theft.
  • Entering a habitation or attempting to commit an assault, felony, or theft.
  • Remaining concealed in a habitation with the intent to commit an assault, felony, or theft inside the building.

Penalties for Burglary

Burglary of a habitation is a second degree felony that can result in two to 20 years incarceration and fine of $10,000. If the person being charged intended to commit any type of felony other than theft or committed a felony other than theft, the offense is punishable as a first degree felony and results in five to 99 years or life and fine of $10,000.

Strong Defenses to Burglary of a Habitation

A strong criminal defense attorney is able to investigate the facts of your case and determine how to create the strongest defense possible. One of the most common defenses is tainted because it was the result of an unreasonable search or seizure or law enforcement did not follow proper protocol. A seasoned criminal defense lawyer will also be able to determine any weaknesses in fingerprints, lineups, police informants, surveillance videos, and various other types of evidence. In many cases, individuals might name a person who is not the responsible party as having committed the crime as a way to escape blame.

Speak with a Seasoned Criminal Defense Attorney

If you are charged with a crime in Denton or the surrounding areas of Texas, you likely need the assistance of an experienced attorney who will fight to make sure that you have a strong legal defense. Contact Wheeler Law Office today for the assistance you need.

(image courtesy of Antonia Bukowska)