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League City Criminal Defense Lawyer / League City Burglary Lawyer

League City Burglary Defense Lawyer

Burglary is a serious offense in Texas, defined and prosecuted under Chapter 30 of the Texas Penal Code. If you are facing burglary charges in the Galveston Bay area, attorney John Reed can help you understand the charges against you and the consequences you face. With over 33 years of practice in Texas criminal law, attorney Reed can mount an effective defense on your behalf and help you get the best result available in your given circumstances. Contact John Reed, Attorney at Law, for personal attention and dedicated representation from a skilled and experienced League City burglary defense lawyer.

What Is Burglary?

Under Section 30.02 of the Texas Penal Code, burglary occurs when a person, without the effective consent of the owner:

  1. Enters a habitation or a building (or any portion of it) not open to the public, with intent to commit a felony, theft, or assault.
  2. Remains concealed within a habitation or building with intent to commit a felony, theft, or assault.
  3. Enters a habitation or building and commits or attempts to commit a felony, theft, or assault.

“Entry” in this context includes the intrusion of any part of the body or any physical object connected to the body into the property. The critical factor in a burglary charge is the intent to commit a crime inside the building, even if no actual theft or assault occurs.

Penalties for Burglary in Texas

The penalties for burglary depend on the type of structure involved and the crime’s circumstances. For instance, burglary of a building is typically a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000. Burglary of a habitation, on the other hand, is more serious and considered a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. If the burglary involved the intent to commit another felony (such as sexual assault or kidnapping), it could be charged as a first-degree felony, with penalties of 5 to 99 years or life imprisonment.

Common Defenses to Burglary Charges

If you are facing burglary charges, several defenses may be available depending on the specifics of your case. These include, for example:

  1. Lack of Intent: If you did not intend to commit a felony, theft, or assault upon entering the building, you may have a viable defense. The prosecution must prove intent beyond a reasonable doubt.
  2. Consent: If you had the owner’s consent to enter the property, this could serve as a defense.
  3. Mistaken Identity: In some cases, the defendant may be wrongly accused due to mistaken identity, especially in situations involving poorly lit areas or a lack of reliable eyewitnesses.
  4. Improper Police Conduct: If law enforcement violated your rights during the investigation or arrest, any evidence obtained improperly may be suppressed.

Defense attorney John Reed will thoroughly investigate the facts of your case and explore these defenses and other strategies to protect your rights and freedom.

Burglary of Vehicles

Texas law also makes it illegal to burglarize vehicles. Under Section 30.04 of the Texas Penal Code, burglary of a vehicle occurs when someone, without the owner’s consent, breaks into or enters a vehicle with the intent to commit a felony or theft.

Burglary of a vehicle is typically categorized as a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. However, if the defendant has two or more prior convictions for burglary of a vehicle, the charge can be elevated to a state jail felony, carrying 180 days to 2 years in state jail and a fine of up to $10,000.

Given the frequency with which vehicles are burglarized in parking lots and public spaces, these charges are quite common. However, John Reed has experience defending clients against burglary of vehicle charges and can help mitigate the potential consequences.

Criminal Trespass

Criminal trespass, defined under Section 30.05 of the Texas Penal Code, is a lesser offense compared to burglary but still carries significant penalties. A person commits criminal trespass when they enter or remain on someone else’s property, including land, buildings, vehicles, or aircraft, without effective consent and after receiving notice that entry was forbidden or that they must leave.

Criminal trespass is typically charged as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. However, if the trespass occurs in a habitation or involves a deadly weapon, the charge can be upgraded to a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000.

How League City Criminal Defense Attorney John Reed Can Help

Getting arrested for burglary can be a scary and intimidating ordeal, but attorney John Reed is ready to stand by your side. With extensive experience in criminal defense, John Reed will:

  • Conduct a thorough investigation of the facts surrounding your case.
  • Challenge the prosecution’s evidence, particularly regarding intent or consent.
  • Negotiate with prosecutors for reduced charges or alternative sentencing options.
  • Provide strong representation in court, ensuring your rights are fully protected.

If you or a loved one is facing burglary charges in League City or surrounding areas, contact John Reed, Attorney at Law, at 281-928-8228 for a free consultation to discuss your legal options. With a comprehensive understanding of Texas burglary laws, John Reed is prepared to craft a defense strategy tailored to your unique situation, fighting for the best possible outcome.

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