San Antonio Burglary Defense Attorneys
Handling Property & Burglary Crimes in Texas
According to the laws of the state of Texas, burglary is defined as a theft crime wherein the perpetrator has broken into the premises of a residence, business, or another building without having received permission from the owner. While it is completely understandable that law enforcement would attempt to eliminate such crimes, the problem is that people accused or arrested for burglary are not always the terrible criminals accusers make them out to be.
In reality, burglary charges are often the unfortunate outcome of someone being in the wrong place at the wrong time. Many times, a defendant will accidentally wander onto someone’s property, creating a costly misunderstanding. Fortunately, our San Antonio burglary lawyers can help you build an aggressive strategy for your criminal defense. You can count on The Law Office of Derek S. Ritchie, PLLC to fight for your side of the story.
Burglary in Texas
There are many kinds of burglaries, but the most typical includes the act of burglarizing a habitation. According to Section 30.01(1), a “habitation” does not simply mean a building but could include any vehicle, campsite, bungalow, or other structure, whether secured or not, which is being used for accommodation overnight. According to Section 30.01(2), a building is classified as a specifically enclosed structure that is either used for habitation or is occupied for trade or decoration. A vehicle would be classified by Section 30.01(3) as any device involved in transport, though it cannot be classified as habitation.
Attributes of a Burglary under Texas Law
There are some distinct aspects that define the crime of burglary.
In order for a charge to be counted as a burglary, the act must fit definitive attributes, including:
- The habitation, vehicle, or building that was entered was not currently open to the public
- There must be provable intent that the defendant willingly committed or threatened to commit a felony, assault, or a theft
- The owner must not have given any consent to the defendant to enter
It is crucial to realize that according to the burglary statute, a defendant can still be charged even if they do not commit any further crime since the prosecution will maintain that the defendant was intending on committing more damage, but did not get the chance to do so.
Building a Powerful Defense on Your Behalf
Being charged with burglary is no light matter. You could pay a high price for a conviction through both years in prison and expensive fines. Moreover, prosecutors are always looking to extend the damage of the conviction, and they will often claim the defendant was plotting a deeper felony, even if such intent is circumstantial. Do not hesitate to get in touch with The Law Office of Derek S. Ritchie, PLLC for legal advice you can trust.