Facing a burglary charge in Texas can be overwhelming and stressful. The thought of jail time, heavy fines, and a permanent record can leave you wondering what comes next. At Daniel Collins Law, we understand the stakes, and we’re here to stand by your side. Whether your arrest stemmed from a misunderstanding, false accusations, or a mistake, we will fight to protect your rights. The prosecution has the burden of proof, and we will challenge every weak point in their case to build the strongest possible defense for you.
What Counts as Burglary in Texas?
Burglary isn’t just about breaking into a home or business. Under Texas law, burglary happens when someone enters a building without permission and intends to commit a crime inside. That crime doesn’t have to be theft—it could also be assault or another felony.
Texas law defines burglary as:
- Entering a building or home without consent and intending to commit theft, assault, or another felony or
- Remaining concealed inside a building or home with criminal intent or
- Entering a building or home and committing or attempting to commit theft, assault, or another felony,
The severity of burglary charges depends on the type of property involved, with harsher penalties for homes than businesses or other buildings.
Types of Burglary in Texas
Texas law recognizes several types of burglary, each carrying different penalties based on the location and circumstances of the offense.
- Burglary of a building – Entering a structure, such as a store or warehouse, without consent and intending to commit a crime. This is typically a state jail felony.
- Burglary of a habitation – Breaking into a home or apartment with criminal intent. This is a more serious offense, charged as a second-degree felony or a first-degree felony if a violent crime was planned.
- Burglary of a vehicle – Entering a car, truck, or other vehicle intending to commit a crime. This is usually a misdemeanor, but it can become a felony with prior offenses.
Difference Between Burglary and Robbery
Burglary and robbery are often confused, but they are separate crimes with different legal definitions in Texas. Burglary involves unlawfully entering a building, home, or vehicle with the intent to commit theft, assault, or another felony. The key factor is intent—no direct confrontation with a victim is required.
Robbery, on the other hand, involves taking property from someone using force, threats, or intimidation. Unlike burglary, robbery requires a victim to be present and placed in fear. If a burglary involves violence or a weapon, the charges could be elevated to aggravated robbery, leading to even harsher penalties.
Burglary Penalties in Texas
Burglary penalties in Texas depend on the type of property involved. If the crime occurs in a non-residential building, it is a state jail felony, punishable by up to two years in jail and a $10,000 fine. Burglary of a home (habitation) is a second-degree felony, carrying a sentence of 2 to 20 years in prison and a $10,000 fine. If the intent was to commit another felony, such as assault, it becomes a first-degree felony, punishable by 5 years to life in prison and a $10,000 fine. A conviction also leads to a permanent criminal record, impacting employment, housing, and future opportunities.
Possible Defenses to Burglary Charges
A burglary charge does not automatically mean a conviction. Prosecutors must prove every element of the crime beyond a reasonable doubt, and we challenge every weak point in their case. Possible defenses include:
- Lack of intent – If you entered a property but did not intend to commit a crime, it may not qualify as burglary.
- Mistaken identity – Eyewitnesses can be unreliable, and we challenge any weak or inconsistent testimony.
- Consent to enter – If the property owner allowed you inside, burglary charges may not apply.
- Insufficient evidence – If the prosecution lacks strong evidence, we can push for a dismissal or reduction of charges.
- Illegal search and seizure – If law enforcement violated your rights during the investigation, we can seek to have evidence suppressed.
Every case is different, and we take a strategic approach to build the strongest possible defense for you.
How We Can Help You Fight Burglary Charges
At Daniel Collins Law, we have successfully defended clients facing burglary charges by challenging weak evidence, exposing flaws in the prosecution’s case, and negotiating favorable outcomes. We know how law enforcement investigates these cases and how prosecutors build their arguments. Our approach is to examine every detail, from questioning witness credibility to identifying constitutional violations, such as unlawful searches. Whether through dismissal, reduced charges, or fighting for an acquittal at trial, we work aggressively to protect your future. With our experience in burglary defense, we will develop a legal strategy tailored to the facts of your case.
Contact an Experienced Fort Worth Burglary Attorney
A burglary charge can have serious consequences, but you don’t have to face it alone. At Daniel Collins Law, we are ready to defend your rights. Contact us today for a confidential consultation, and let’s start building your defense.