By Jeff Kennedy
Burglary Charges in Fort Worth & Tarrant County
Trying to fight a burglary charge on your own probably isn’t in your best interest. You can get help and build the best defense for your case by calling an experienced Fort Worth burglary lawyer at our firm.
Burglary crimes are usually pretty serious, and they carry some heavy penalties if you’re convicted. Even if the prosecution offers you a reduced charge, you may still be looking at a lengthy prison term, probation, and fines. When you are facing such serious charges, making quick decisions is not a good idea.
There are many consequences of a conviction—spending time in prison is only one of them. Your entire life could be ruined if you’re convicted of a major felony offense. But we can help you fight back.
We offer free consultations and case reviews for anyone charged with burglary. We will discuss your options and what you can expect from the court systems, how we can defend you and answer any questions you might have.
What Is Burglary of a Habitation?
In Texas, burglary of a habitation is usually a second-degree felony which could attract two to twenty years of imprisonment. However, when the charge includes the intent to commit sexual assault, aggravated assault, or kidnapping, the defendant could be charged with a first-degree felony which could include consequences such as five to ninety-nine years of imprisonment.
According to Section 30.02 of the Texas Penal Code, burglary of a habitation involves these basic elements:
- (a) A person commits an offense if, without the effective consent of the owner, the person:
- (1) enters a habitation, or a building (or any portion of a building) not open to the public at that time, with intent to commit a felony, theft, or an assault; or
- (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Though these basic elements seem clear-cut, there are some gray areas that can be confusing. For instance, staying in a person’s residence without their knowledge even when they had invited you in and having the intention of committing a theft still constitutes burglary of a habitation.
What Is “Entry Into A Habitation”
Texas Law defines “entry into a habitation” if any part of a persons body or physical object connected to the body enters the habitation.
Legal Consequences of a Burglary Conviction in Fort Worth
Legal penalties for a burglary conviction range widely, depending on the circumstances of the offense. Your criminal history will also play a role in what kinds of consequences you’ll face. However, good defense attorneys can help get a burglary charge reduced or dismissed.
Below are the maximum penalties you could face if convicted of burglary in Fort Worth:
| Crime | Legal Penalties |
| Burglary of a business or store | Up to two years in state jail
$10,000 fine |
| Burglary of a house or other dwelling | Up to twenty years in prison
$10,000 fine |
| Burglary of a dwelling with the intent of committing an additional felony (not including theft) | Life in prison
Substantial fine |
Defenses That May Prevent a Fort Worth Burglary Conviction
Burglary charges are serious, but they’re also difficult to prove. If your case goes to court, the prosecution would need to prove to a jury that you entered a property without permission and that you intended to commit a crime there, namely theft.
Being on the property without consent isn’t enough for a conviction of burglary—that’s called criminal trespass, which is a far lesser crime, by the way. There are defenses against conviction on a burglary charge, but you will need to trust that your Fort Worth burglary attorney can build a successful case on your behalf.
Here’s a look at some defenses that often work in burglary cases:
- You didn’t do it at all (you weren’t even there or were falsely accused).
- Intoxication defense (you weren’t aware of what you were doing).
- Lack of intent (you entered the property without permission, but you didn’t intend to steal anything).
- You had consent from the owner.
- Someone is setting you up.
- Misidentified as a suspect;
- No criminal offense was committed within the home;
Speak with a Burglary Lawyer Today
Burglary charges are not minor—a conviction could lead to serious impacts on your life. Signing a plea agreement without speaking to an attorney first may be a bad idea. An attorney may be able to get your charges reduced or even get the charges dismissed completely.
Don’t just give up and accept your fate. A Fort Worth burglary lawyer at the Law Offices of Jeff C. Kennedy will have your back and the legal know-how to defend you against conviction. Contact us by using the contact form on this webpage or dialing 817-605-1010.
