Nationwide Home Burglary Defense Lawyers
If you’re a frequent viewer of the nightly news, you’ve likely heard the term “home invasion.” It usually refers to the legal charge of home burglary, which is a very serious crime in the state of Texas and elsewhere. But the specifics of what qualifies as an alleged “home burglary” might surprise some people.
Despite all of the stories you may hear about houses being robbed and homeowners being injured by intruders, the charge of home burglary can be leveled against defendants even if no property is taken and no one is hurt. That’s especially confusing since, in Texas, burglary falls under the category of theft crimes.
Because the definition of burglary can be so broad (and lends itself to ruinous misunderstandings) people are sometime slapped with this staggering charge without realizing that they did anything wrong. Indeed, they might not have done anything illegal at all.
When a burglarized building is someone’s home – a house, an apartment, or any other family dwelling – the potential penalties skyrocket. Texas is very sensitive to the privacy and security of its citizens’ homes, so the government pounces on suspected home invasions.
If you’re facing home burglary charges in Texas, you’ll need an experienced and professional attorney by your side. At Oberheiden & McMurrey, LLP, our team of Texas burglary defense lawyers is ready to mount an aggressive defense on your behalf.
Since many Americans live in fear of home invasion, prosecutors are anxious to get the people accused of these crimes behind bars. Unfortunately, that often means that defendants end up facing unfair or exaggerated criminal counts. Our experienced team understands that firsthand, and we will fight to get those charges dropped.
The lawyers at Oberheiden & McMurrey, LLP are compassionate. We understand that mistakes do happen. After all, we’re all only human.
That goes for police and government officials, too. They’re just as likely to make mistakes as you are.
We aren’t here to judge you. We’re here to help. We’ve helped many other Texans against terrifying criminal charges, and we can do the same for you.
What Home Burglary Means in Texas
As we mentioned, burglary and home burglary can be confusing charges.
In Texas, home burglary is defined as entering a building where someone lives without consent and with the intent to commit a crime.
As with other burglary charges, the crime of home burglary does not require a “break-in” in the sense that most people understand that term. People who lawfully enter a habitation but then conceal themselves inside with the intent to commit a theft or felony can also be charged with home burglary.
Any part of the body is sufficient for conviction, as is any part of the home. The charges even apply to any tools used to make entry (or, allegedly, to scope out the inside – phones, cameras, flashlights, etc.), since they are considered an extension of one’s body when held. Once again, no other crime actually needs to be committed inside, just an entry with the intent to commit one.
Of course, intent is difficult to prove. But prosecutors have many tools of their own, not to mention plenty of experience and a real thirst for conviction. They have proven themselves eager and capable of persuading courtrooms that crimes were committed (or intended), even when the facts are questionable at best.
That’s why having a knowledgeable attorney on your side is paramount to successfully fighting burglary charges. At Oberheiden & McMurrey, LLP, we even work with former federal prosecutors, so you can rest assured that we understand how the government is approaching your case. We’ll counter them at every turn.
Home Burglary Penalties in Texas
In Texas, home burglaries are typically tried as second-degree felonies, and can rise to a first-degree felony when the intent is for something more serious than theft.
For second-degree felony home burglaries, defendants could face 2 – 20 years in prison, with fines as high as $10,000. First-degree felony convictions carry prison sentences that range anywhere from 5 – 99 years and $10,000 in fines.
Federal Charges in Home Burglary Cases
While most home burglary cases are tried at the state level, additional federal charges might also apply. A defendant accused of entering a home with firearms, for instance, might face federal weapons charges.
This is especially common in cases that generate media attention, as so many home invasion cases do. Federal authorities are under a lot of pressure to take action, so they actively look for ways to literally make a federal case out of the situation.
If you believe that you’re under federal suspicion or charge, you need to work with lawyers who are extensively experienced in both state and federal criminal defense. We can help.
Talk to Our Texas Burglary Defense Lawyers Today
Burglary and home burglary are very serious charges in the state of Texas. At Oberheiden & McMurrey, LLP, we’re ready to fight for you.
Call for a free consultation with one of our experienced Texas burglary defense lawyers at 1-888-356-4634 or submit our online form today.