Defenses for Burglary of Habitation Charges in Central Texas

In our state of Texas, burglary charges encompass accusations of unlawfully entering a house, building, or vehicle. Referred to as “burglary of habitation,” it is crucial to recognize that burglary charges can be filed even in cases where no theft occurred. Understanding the definition of burglary, the specific charges you face, and the potential consequences upon conviction becomes paramount in such situations. It is essential to have a comprehensive understanding of your legal situation and the potential penalties you may encounter.

What does burglary of habitation mean?

Burglary of habitation, sometimes called home invasion, is a serious offense in Texas with significant penalties. The definition of burglary of habitation involves unlawfully entering or staying in a private structure or public building with the intent to commit a felony, such as theft, assault, or other illegal actions. It includes various types of residences, including single-family homes, apartments, and even vehicles used as dwellings. It is important to note that not all burglaries of habitations are home invasions, as the charge can apply to any unlawful entry with the intent to commit a serious crime, even if no theft occurs.

There are two key aspects to the burglary definition. The first is unlawful entry, which excludes situations where the person had permission to be on the property. The second aspect is the intent to commit a felony, theft, or assault inside the habitation. This means that even if no theft occurs, a person can still be charged with a felony if they intended to harm the resident or property. Additionally, if asked to leave a property and failing to do so, and then committing theft or assault, one can be charged with burglary of habitation.

What are the penalties for a burglary of habitation conviction?

Burglary of a building is considered a felony in Texas, specifically a second-degree felony, though aggravating circumstances can elevate it to a more serious offense. These circumstances can include prior criminal charges, possession of a weapon or illegal drugs, the commission of the crime on federal property or other specific locations, as well as additional charges such as assault. Penalties for burglary can include imprisonment, fines, and potential life sentences for first-degree felonies. However, it is crucial to consult with a knowledgeable Killeen burglary defense attorney who can assess the specific circumstances of the case and determine the best defense strategy to challenge the charges or potentially mitigate the consequences.

How can my Killeen attorney defend me?

In Texas, there are several potential defenses that can be used against burglary of habitation charges. These defenses aim to challenge the prosecution’s case and raise doubts about the defendant’s guilt. Some common defenses include:

• Lack of intent. The defense may argue that the defendant did not have the intent to commit a crime when entering the habitation. They may claim that the defendant had a legitimate reason or believed they had permission to enter the property.
• Mistaken identity. The defense may also argue that the defendant was wrongly identified as the perpetrator of the burglary. They may present evidence showing that there was confusion or misidentification, casting doubt on the defendant’s involvement.
• Consent. If the defendant had the consent of the owner or occupant to enter the habitation, it can be a valid defense. The defense may provide evidence, such as witness testimony or documentation, to prove that the defendant had lawful permission to enter the property.
• Lack of evidence. The defense can challenge the prosecution’s evidence, such as the absence of fingerprints or DNA linking the defendant to the scene, or inconsistencies in witness statements. They may argue that the evidence does not conclusively prove the defendant’s guilt beyond a reasonable doubt.
• Alibi. The defense may present evidence or witnesses to establish that the defendant was elsewhere at the time of the alleged burglary, providing an alibi that contradicts their presence at the scene.

It’s important to note that the availability and effectiveness of these defenses can vary depending on the specific circumstances of the case. Consulting with a skilled criminal defense attorney who is familiar with the laws and procedures in Central Texas can help determine the most appropriate defense strategy based on the individual circumstances of the case.

At the Mary Beth Harrell Law Firm, we understand the importance of challenging the prosecution’s case and vigorously advocating for our clients. Our experienced team is dedicated to exploring all possible avenues to minimize your charges or seek their dismissal entirely. We work diligently to protect your rights and provide you with a strong defense against burglary allegations.

Burglary charges carry significant consequences, including the possibility of life imprisonment. When facing such charges, it is essential to seek the immediate assistance of a skilled criminal defense attorney in Killeen. At the Mary Beth Harrell Law Firm, we prioritize the development of a strong defense strategy from the outset, ensuring the protection of your rights throughout the entire legal process. Your future and freedom are at stake, and our team is dedicated to providing the support you need. To schedule a free consultation to discuss your case, call us at our office in Killeen, or fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve all of Central Texas, including Coryell, Bell, McLennan and Williamson Counties, and Harker Heights, Temple, Waco, and Belton.