Conroe Burglary Lawyer | Breaking and Entering a Residence

Burglary laws are complex, and someone may face different types of charges depending on the location and intentions involved with their actions. People may also face burglary charges due to a misunderstanding or mistaken identity. However, the reality is a guilty conviction for any type of burglary charge will have lasting consequences on your life and freedom.

You have the right to present your side of the story to try and get charges reduced or dismissed, but this may be a challenging task without assistance from a dedicated theft attorney. A Conroe burglary lawyer understands the charges you are facing and could help you build a compelling argument against them in court or pre-trial negotiations.

Common Burglary Charges

A wide range of circumstances may lead to burglary charges. A skilled Conroe attorney could review the details of the specific burglary charge you are facing to understand what defense strategies you may have available.

Burglary (Building/Habitation)

A person commits the offense of burglary under Texas Penal Code § 30.02 if they enter a residence or a building closed to the public without consent of the owner and:

Has intent to commit a felony, theft, or an assault; or
Remains concealed with intent to commit a felony, theft, or an assault; or
Commits or attempts to commit a felony, theft, or an assault.

The potential penalties for a burglary conviction depend on what type of structure an individual is accused of burglarizing:

Habitation (Residence):

You are facing a Second Degree Felony and up to 20 year in state prison and a $10,000 fine
You face a First Degree Felony if you entered with intent to commit a felony other than felony theft. In these circumstances, you may face up to 99 years in state prison and a $10,000 fine.

Building other than a habitation (i.e. commercial/business structure):

You are looking at State Jail Felony and up to 2 years in jail and $10,000 fine

Pharmacy, clinic, hospital, nursing facility, or warehouse or any commercial building in which a controlled substance is generally stored and entered with intent to steal a controlled substance:

You are looking at Third Degree Felony and up 10 years in state prison and a $10,000 fine.

Burglary of a Motor Vehicle (BMV)

Per Texas Penal Code § 30.04, a person commits the offense of Burglar of a Motor Vehicle (BMV) if someone breaks into or enters any part of a vehicle without the effective consent of the owner and with the intent to commit any felony or theft. This offense also includes breaking into a container or trailer carried on a rail car.

The punishment for his offense can be anywhere from Class A Misdemeanor to a Third Degree Felony.

1^st BMV Offense:

Class A Misdemeanor with a maximum penalty of one year in jail and $4,000 fine.

2^nd BMV Offense:

Class A Misdemeanor with a penalty of one year in jail and $4,000 fine – except you must serve a minimum of 6 months in jail if you have a prior BMV conviction.

3^rd or Subsequent BMV Offense:

This would be a State Jail Felony and you would face up to 2 year in jail and $10,000 fine

Vehicle owned or operated by a wholesale distributor of prescription drugs:

Third Degree Felony with a maximum 10 year sentence in state prison and a $10,000 fine.

Criminal Trespass

Someone may face charges for criminally trespassing if they enter or remain on or in another person’s property without effective consent after receiving knowing entry was forbidden or after receiving notice to depart but failing to do so. Notice to depart in these circumstances can include either verbal or written notice as well as fencing or posted signs that state entry into the premises is prohibited. Types of properties that someone may accused of bulgarizing include residential land, agricultural land, a building, or a vehicle.

Criminal trespassing is a Class B Misdemeanor and punishable by up to 180 days in jail and $2,000 fine. This penalty increases to Class A Misdemeanor with a maximum penalty of one year in jail and a $4, 000 fine if trespassing occurs in a residence or a shelter center.

Impact of Burglary Charges on Non-Citizens

A conviction for Texas burglary, whether a structure, habitation, or vehicle, with at least a one year sentence is an considered aggravated felony for immigration purposes under INA § 101(a)(43). Aggravated felonies are among the most dangerous convictions for noncitizens because they can bar many types of immigration relief and benefit applications, such as asylum, cancellation of removal, and temporary protected status. Aggravated felonies also act as a bar to good moral character, a requirement for many discretionary immigration relief applications. An aggravated felony conviction is also a ground of removability under INA § 237(a)(2)(A)(iii). When non-citizens face burglary charges, it is essential to retain a skilled Conroe attorney who has experience with immigration law.

Call a Conroe Burglary Attorney for Dependable Legal Representation

When you face criminal charges of any type, you likely feel overwhelmed and unsure of how you can best protect your rights. With skilled legal counsel on your side, you may be able to prove your innocence or have your penalties reduced. Call seasoned defense attorney and former ICE prosecutor Raphael Ortega for legal support.