CRIMINAL DEFENSE
Burglary of a Habitation
Burglary of a Habitation Defense Attorney
Burglary is one of the more common property offenses in Texas, but burglary of a habitation is often far more serious than a simple theft case. These cases can involve allegations of assault, robbery, or other felony conduct connected to entry into a home.
Waren Price has spent more than 20 years prosecuting and defending burglary cases and can help you respond to this type of allegation.
Burglary of a habitation is governed by Chapter 30 of the Texas Penal Code. In general, the state must prove that a person entered another person’s house or apartment with the intent to commit theft, assault, or another felony. A theft does not actually have to occur if the alleged intent existed at entry.
Available defenses depend on the facts, but common issues include consent to enter, misidentification, lack of intent to commit theft or another felony, and a failure by the state to prove that any criminal offense was intended or committed inside the residence.
Burglary of a habitation is generally charged as a second-degree felony. That exposes a person to a prison sentence of 2 to 20 years and a possible fine of up to $10,000, with enhancement risks depending on criminal history.
The offense may be elevated to a first-degree felony if the state alleges entry with intent to commit a felony other than theft. In those cases, the punishment range can rise to 5 to 99 years or life in prison, which is why these cases require serious and immediate defense work.
Burglary allegations are taken seriously by prosecutors, judges, and juries. You need a defense attorney who understands how these cases are built, what defenses apply, and how to challenge the state’s evidence before the charge gains momentum.
