Dallas Burglary Attorney
The Texas crime of burglary is generally defined as unlawful entry into a home (habitation) or other building without the effective consent of the owner, and with the intent to commit a crime. There are essentially two types of felony burglary offenses: burglary of building and burglary of a habitation (a place where people live). The offense of burglary of a habitation is more serious. Law enforcement agencies and prosecutors are notoriously hard on those accused of burglary. Burglary of a habitation is punishable by up to twenty years in prison. Burglary of a building is punishable by up to two years in state jail. There are also aggravating factors for burglary crimes, such as where there is an allegation regarding intent to commit a rape or sexual assault, where there is a possible sentence of life in prison.
Burglary Defense Strategies in Texas
Luckily, there are many effective defensive strategies that can be successfully employed to defend against burglary charges. Identity is the first thing that prosecutors must prove in order to sustain a burglary conviction. Where the identity of the perpetuator is potentially at issue, there is always an excellent opportunity for success. The Dallas burglary attorneys at the Law Offices of Roderick C. White are both experienced and skillful at creating the “reasonable doubt” necessary to win any criminal case. In cases where the identity is not an issue up for reasonable argument the required element of “intent to commit a theft or some other crime” provides another potentially successful defensive strategy for burglary allegations. The prosecutor has to prove “beyond a reasonable doubt” that the entry was made contemporaneously with the intent to commit some other crime. There are opportunities for a successful defense where there are potentially non-criminal reasons for the allegedly unlawful entry. For example, many burglary charges involve estranged spouses where strong arguments can be made that the individual charged made to entry for a non-criminal purpose, such as to regain their personal property. Even if some other crime is committed while inside, if that is intent was not present at the time of the entry there is no burglary. Finally, burglary charges require an “unlawful entry”. Accordingly, whether or not the entry was in fact unlawful is yet another avenue to success. This defensive strategy has been successfully utilized where there is some legitimate dispute as to whether or not the alleged burglar had legitimate access to the premises.
Contact Our Criminal Defense Lawyers
While many of the legal concepts are recurring, every burglary case is different and must be defended in a unique manner. An experienced Dallas burglary attorney can make sure the case is skillfully analyzed from every angle. In order to preserve your legal rights, defensive options, and get the best possible result, it is important that you discuss your case with an experienced Dallas burglary attorney prior to making any statement to law enforcement officers or the prosecutor. At the Law Offices of Roderick C. White we understand every aspect of burglary charges and pride ourselves on taking experienced and aggressive approach to their defense. We have successfully defended clients in virtually every type of burglary charge there is. We can successfully defend you or your loved one as well. For aggressive representation from an experienced burglary attorney, contact us right now to schedule a free initial consultation. We can be reached 24 hours a day, 7 days a week. We can help!!!