Burglary & Penal Consequences in Texas

By | September 21, 2018

Robbery and burglary are criminal offenses in Houston that might have a blurred line between them. According to the Texas penal code, the difference between the two crimes is that robbery is done to people and burglary is when someone breaks into a structure or facility.

A Look At Burglary Offenses

The definition of burglary offense varies from state to state where in some states, one can commit the crime of burglary by breaking the doors and smashing the windows. In other states, there exists a particular category of offense called breaking and entering, and this may be different from burglary. However, in Texas, there is no distinction between a violent and non-violent entry and these offenses are all covered under burglary.

Texas Law & Burglaries

In Texas, the crime of burglary is defined as when someone enters a building unlawfully and have the intentions of committing theft or another felony. A burglary can also be termed as the offense where breaking into a building with the purpose of depriving someone’s property even if not items are taken. Breaking into a coin-operated machine is an instance that can be considered as burglary according to the law in Texas. A similar scenario is when someone breaks into an ATM to obtain cash. Forced entry into someone’s car, rail car or a vehicle for public transportation are also termed as burglary under the Texas law.

An Example of a Houston, TX Home Burgling

An excellent example of a burglary scenario is if “Johnny” breaks into “Mr. Gary’s” house and has the intentions of stealing a computer from the house. The offense has already been considered as a burglary because “Johnny” has the intentions of stealing. “Johnny” is noticed by a neighbor even before he steals the computer and is scared away, “Johnny” still qualifies as to have committed the offense of burglary according to the Texas Penal code.

Also, the statute also dictates that the act is considered burglary if the offender enters the premises without consent. “Johnny” would still have committed a burglary offense even if he had stealthily entered “Mr. Gary’s,” he would still have committed the offense of burglary according to the Texas Penal Code because he entered the premises without the consent of “Mr. Gary.” “Johnny” decides to hide in the electronic store just before the closing hours so that he could steal a computer from the store after everyone else has gone home, “Johnny” qualifies to have committed the offense of burglary.

Even if “Johnny” was found out before stealing anything, the offense is still considered as a burglary because “Johnny” remained concealed without consent with the intentions of stealing. Burglary is considered a first-degree felony and people charged with burglary face enormous consequences both in the court of law and from the society. One of the adverse effects that may arise with a convicted felony with burglary is you might be unable to find jobs that handle cash.

Furthermore, if you have been charged with the crime of burglary, you might be unable to obtain a military security clearance. Also, some landlords may not be so forthcoming to rent their property to you if you have a record of a burglary crime. Social consequences for one convicted of the crime of burglary may include loss of trust among friends and coworkers.

Finding a Lawyer for a Burglary Offense

If you were accused or even arrested for a burgling an a premise, the best option you have is to fight prosecution. Whether you’re guilty or innocent of the criminal charges against you, hiring a top defense lawyer like Mark W. Bennett is going to be your best option. AVVO also lists numerous criminal defense lawyers who might be a great option for fighting prosecution.