Burglary might often be considered a petty, non-violent crime, but Texas makes a point of taking all crimes seriously. Burglary at its simplest is a property crime, but it can quickly escalate into a first-degree felony, with penalties of up to 99 years in prison and a fine of up to $10,000, depending upon circumstances. On the other hand, burglary also can amount to what is known as a state jail felony, with penalties ranging from at least 180 days to no more than two years in prison, with a fine of up to $10,000 tacked on. Suddenly burglary does not seem so minor, even at the lowest levels of punishment.
What Constitutes the Crime of Burglary?
Burglary is a fairly simple crime, but even simple crimes can involve levels of complexity. For instance, the prosecution bears the burden of proving beyond a reasonable doubt that you entered a residence or other building not open to the public – at least not at that time – without consent of the owner with the intent to commit a theft, assault, or other felony. Intent can be difficult to prove, at least in theory. Of course, you can make it easy to prove intent by bringing along tools with which to break into the building and a sack, backpack, or some other means of carrying away stolen items, or even actually taking a few items. You are not required to actually take anything, nor do you need to leave the building with the items if you do take something. Intent is enough, and the prosecution can prove intent through circumstantial evidence. Breaking into a building generally stands as a good indicator that you were entering that building for an illegal purpose.
Penalties for Burglary Can Run the Full Range of Severity
While you cannot be executed for burglary, even in Texas, you most certainly can be executed for killing someone during the commission of a burglary. Penalties for the crime of burglary in Texas can range from a few months to a lifetime go up in accordance with the increasing severity of the charge. In general, burglary is a state jail felony if it involves burglary of a building that is not a residence; a third-degree felony if the building is a commercial building containing controlled substances, such as a pharmacy; a second-degree felony if the building is a residence; and a first-degree felony if the building is a residence and if you enter with the intent to commit, or actually commit, a felony other than felony theft.
If you are convicted of state jail felony burglary, you can be punished by at least 180 days but no more than two years in prison. A third-degree felony conviction carries punishment of at least two years but not more than 10 years, while a second-degree felony sentence can be at least two years but no more than 20 years. A conviction for first-degree burglary is punishable by at least five years in prison, but no more than 99 years. All of these convictions can come with a fine of up to $10,000, as well.
If You are Facing Burglary Charges Houston, You Should Consult With Madrid Law Firm
If you have been charged with burglary in the Houston area, you need to talk to a good criminal defense attorney. The penalties for a conviction on burglary charges can be extremely high, and you want a lawyer who can ensure that your charges are at the lowest level possible and then provide you with your best possible defense. You should talk to the Madrid Law Firm. We will defend your rights in court.
