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Arrested For Burglary In Houston? Here's Everything You Need To Know.
You’ve heard of thieves breaking into fellow resident homes that are in a city near you while the homeowners are on vacation. You’ve seen the reports on TV about people breaking into small mom and pop businesses and robbing the employees for all of the money in the cash registers – but never did you think that you’d be facing these exact criminal charges yourself. Whether you committed the crime or have fallen victim to a mistaken identity, getting yourself out of a difficult case in Houston can be tough, but not impossible with Brandon Cammack of Cammack Law Firm by your side. Houston Criminal Defense Attorney Brandon Cammack can help you fight for your freedom if you’ve been arrested due to being at the wrong place at the wrong time.
Whatever led you to being charged, you are statistically more likely to beat your case in court if you have an experienced and aggressive Houston attorney by your side. Our consultations are always free of charge and are of no obligation. Call us today to get a free case evaluation by dialing (713) 300-9291 or visiting our office at 4265 San Felipe St #1100, Houston, TX 77027.
Understanding Burglary Laws In Harris County & Houston Texas
Under Section 30.01 of the Texas Penal Code, you can be found guilty of burglary if you, without the consent of the owner:
- Enter a habitation or a building that is not open to the public with the intent to commit a felony, theft, or assault,
- Remain concealed within a habitation or building with the intent to commit a felony, theft, or assault,
- Enter a habitation or building and commit or attempt to a commit a felony, theft, or assault.
At first, you may initially think of this charge as simply breaking into a private place and entering without permission. The actual definition under Texas law is much more complicated. For example, under Texas law, the definition of “to enter” means to intrude with any body part or any physical object that may be connected to your body in a private building/property. This means you can do something as simple as open an unlocked door and only having one hand enter the building, or poking your head into an empty room and quickly stepping back out.
Also, this charge isn’t defined as just breaking an entry in a residential home, but you can also be convicted by breaking into another person’s apartment, mobile home or building.
The Difference Between a Habitation and Other Building
Under Section 30.01, a habitation is a structure or vehicle that is adapted for people to stay in overnight and includes:
- Each separately secured or occupied portion of the structure or vehicle, and
- Each structure belonging to or connected with the structure or vehicle.
A habitation can be a vehicle, building or any other structure that can house or have a person live in or could live in. Buildings such as apartments, town homes, free-standing homes or residencies, motels, hotels, dormitories, mobile homes, trailers or recreational vehicles.
Penalties If Convicted For In Houston & Harris County
At the bottom of the totem pole for conviction severity would be for those who are found guilty of burglarizing a building such as a local store or warehouse that is not a habitation. In the state of Texas, if found guilty of burglarizing a store or warehouse, you would have a felony on your record, punishable by a minimum of 180 days or up to 2 years in jail and up to a $10,000 fine.
If you are charged for breaking into someone’s home, whether it be a home, apartment or mobile home, you will be charged with second-degree classified as a felony. This charge is punishable by two to 20 years in prison and you can face a fine up to $10,000.
If you are being accused of breaking in a home with the intention of committing another felony other than theft, such as but not limited to assault or rape, you will face a first-degree felony. If found guilty, you will be sent to jail for 5 to 99 years or life and face a fine of $10,000 in Texas.
In the city of Houston and throughout the state of Texas, there is no misdemeanor charge. If you are being accused, you will face serious legal consequences and leave your freedom at risk. This is why it is extremely important to contact criminal defense attorney and Houston Attorney Brandon Cammack of Cammack Law Firm right away.
Consequences Of Having A Serious Charges On Your Criminal Record
If you have been found guilty of a serious charge in Houston Harris County and within the state of Texas, the consequences are far from minimal. The ramifications will be felt years down the road, no matter how hard you may try to turn your life actions around. With a serious charge being challenged on your record, you need to hire a criminal defense attorney as quickly as possible. You may face discrimination of land lords not allowing you to rent from them, finding an employer to give you a position in their company can a challenge and even applying for a loan from your local loan office in your city can be tough or close to impossible.
If you or someone you know is facing a serious criminal case in Houston and Harris County Texas, we cannot put enough emphasis on at least speaking to and obtaining legal advice from a professional attorney in your area. Attorney Brandon Cammack has challenged and successfully beaten tough cases in Houston Texas and can help you with your case today. Don’t allow a mistake, turn to a conviction that can set you back 5, 10, 20 or more years in life. Take action now to fight for your freedom and the well-being of your future, not only for you, but for your family’s sake.
Best Defenses Against Burglary Charges
If you’ve been arrested and are currently being charged, we highly recommend that you contact a houston lawyer as soon as possible. You might even want to hire legal counsel before speaking to a local Houston Bail Bonds. Here are some common defenses that you can use when fighting your case. Keep in mind that none of the listed information on this website should be used as legal advice. If you are facing criminal charges, we suggest that you contact a local criminal defense attorney near you for a consultation and legal advice.
Common Defense #1 – One common defense that many people use is the fact that they were not the person that broke into the home or building. This could be a case of mistaken identity. It would be up to your attorney to prove and demonstrate that the prosecution’s evidence is not accurate enough and can point to a wide variety of perpetrators, not just you as an individual.
Common Defense #2 – The second defense that is used when fighting this charge is that the defendant had permission to enter the building. If your attorney is able to prove that there is valid evidence or proof that shows the homeowner granting you access and permission to enter the home or building, then the prosecutor won’t be able to accuse you. If found guilty of this charge plus an assault charge, the assault charge can increase your total sentencing dramatically.
Cammack Law Firm Has The Best Burglary Attorney in Houston
You never have to face these serious charges alone as long as Cammack Law Firm is in business. Remember, the American Constitution grants all of us the legal right to an attorney at any and all times. Whether you are in jail, being questioned by police, preparing for preliminary hearings or trial in court, you should have access to an attorney at all times. Attorney Brandon Cammack can represent you, fight for your freedom and guide you throughout the legal process to ensure an honest and fair court verdict is found.
If arrested in Texas, a person is guilty of burglary under Texas law section 30.02 if he or she:
- Enters a habitation or building without the consent of the owner with the intent to commit a felony, theft or assault; or
- Remains in a habitation or building without the consent of the owner with the intent to commit felony crimes, theft crimes or assault crimes; or
- Enters a habitation or building without the consent of the owner and commits or attempts to commit a criminal felony crime, theft crime or an assault case or crime in Texas.