Being arrested for burglary in Texas is serious. Even if no property was stolen, simply entering a building with intent to commit theft, assault, or another felony can lead to years in prison and a permanent felony record.
At the Napier Law Firm, Attorneys George Napier and Monica Cooper Napier provide experienced, aggressive defense for clients accused of burglary in Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area. We understand what’s at stake—your freedom, your reputation, and your future—and we fight hard to protect your rights.
How Texas Defines Burglary
Under Texas Penal Code §30.02, burglary occurs when a person:
- Enters a building or habitation without consent with the intent to commit theft, assault, or a felony.
- Conceals themselves in a building with intent to commit a crime.
- Enters and actually commits or attempts to commit theft, assault, or another felony.
Types of Burglary Charges
- Burglary of a Building – Non-residential, such as a business or storage facility.
- Burglary of a Habitation – Unlawful entry into a home; punished more severely.
- Burglary of a Vehicle – Addressed separately under §30.04 but often charged alongside theft.
- Burglary with Intent to Commit Assault or Other Felonies – Elevates the charge to a higher degree felony
Penalties for Burglary in Texas
The punishment depends on the type of structure and circumstances:
- State Jail Felony – Burglary of a building (non-habitation): 180 days to 2 years in state jail and up to $10,000 fine.
- Second-Degree Felony – Burglary of a habitation: 2 to 20 years in prison and up to $10,000 fine.
- First-Degree Felony – Burglary of a habitation with intent to commit another felony (e.g., assault, sexual assault): 5 to 99 years or life in prison and up to $10,000 fine.
Collateral consequences include loss of employment, housing denials, immigration issues for non-citizens, and long-term damage to your reputation.
Defenses Against Burglary Charges
An experienced Texas burglary lawyer can build defenses such as:
- Lack of Intent – Proving no intent to commit a crime inside.
- Consent – You had permission to enter the property.
- Mistaken Identity – Misidentification by witnesses or unreliable surveillance.
- Insufficient Evidence – Prosecutors cannot prove entry, intent, or possession.
- Illegal Search or Arrest – Suppressing evidence from unconstitutional searches or violations of rights.
Our firm carefully investigates your case, challenges weak evidence, and develops a tailored defense strategy.
Collateral Consequences of a Conviction
A burglary conviction can impact more than prison time or fines:
- Employment – Employers often reject applicants with felony records.
- Housing – Landlords routinely deny leases for those with burglary convictions.
- Professional Licenses – Nurses, teachers, and others risk losing certifications.
- Immigration – Burglary can be considered a deportable or inadmissible offense for non-citizens.
We also advise clients on post-conviction remedies like expunction or nondisclosure if eligible.
What to Expect in a Texas Burglary Case
In Harris County, burglary cases are handled in district courts. After an arrest:
- You may face indictment by a grand jury.
- Bail conditions will be set.
- Prosecutors may offer plea deals, but a skilled lawyer can often negotiate reductions or challenge the evidence in court.
Our firm works proactively to pursue dismissals, diversion programs, or reduced charges whenever possible.
FAQs on Burglary Defense in Texas
Q: Can burglary charges be reduced or dismissed?
A: Yes. Weak evidence, illegal searches, or lack of intent may result in dismissal or reduced charges.
Q: What’s the difference between burglary and criminal trespass?
A: Trespass is entering property without consent but without intent to commit another crime. Burglary requires intent to commit theft, assault, or another felony. See more on trespass defense: https://www.thenapierlawfirm.com/trespass-defense.
Q: Can burglary be expunged from my record?
A: If charges are dismissed or you’re acquitted, you may qualify for expunction. If you received deferred adjudication, you may qualify for nondisclosure.
Why Choose The Napier Law Firm?
- Local Knowledge – Familiar with Harris County prosecutors and judges.
- Aggressive Advocacy – Challenging every step of the prosecution’s case.
- Comprehensive Defense – Handling burglary, theft, DWI, and more.
- Client Focused – Clear communication and personalized strategy.
Take Action Today
If you’ve been accused of burglary in Houston, Harris County, Montgomery County, Fort Bend County, or Galveston County, don’t face it alone.
📞 Call The Napier Law Firm today for a free consultation. We’ll review your case, explain your options, and begin building your defense immediately.
Your freedom and your future are too important to leave unprotected.