This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Austin burglary lawyer team knows that a burglary charge can destroy your future. A conviction can result in a prison sentence, a permanent felony record, and the loss of your rights. If you face burglary charges in Travis County or anywhere in Central Texas, you need an experienced criminal defense attorney now. Call us at 713-489-7734 for a free consultation.
We understand how frightening this criminal offense feels. Burglary of a habitation, burglary of a building, or charges involving a deadly weapon carry severe penalties. The criminal justice system moves fast, and the prosecution already has a head start. Do not speak to police without a defense lawyer present. Your legal defense starts here.
We act immediately to protect your rights from the moment of arrest. We advise you on what to say and, more importantly, what not to say to law enforcement. Our law office reviews arrest records, police reports, witness statements, and physical evidence to find weaknesses in the prosecution's case.
We conduct independent investigations to uncover circumstantial evidence and challenge the state's version of events. Our defense strategy includes pretrial motions to suppress evidence, dismiss charges, or challenge probable cause. We negotiate for charge reductions or favorable plea deals when appropriate. We prepare for a criminal trial when that serves you best.
Our step-by-step approach:
We are the Austin criminal defense attorneys that clients in Central Texas trust. Our deep understanding of Texas law and Texas courts comes from years of handling criminal defense cases. Many of our attorneys are former prosecutors who know how the other side thinks. Let us put that experience to work for you.
Under Texas Penal Code §30.02, burglary means entering a structure without the owner's consent with the intent to commit a felony, theft, assault, or family violence. The entry does not need to be complete; even an arm through a window qualifies. Burglary offenses fall into two main categories: burglary of a habitation and burglary of a building.
Vehicle burglary is a separate charge under §30.04, which we also handle. Criminal charges escalate significantly when weapons are involved. Understanding which type of burglary you face is the first step toward building a strong defense.
Burglary of a habitation involves breaking into a home or other place where people live. This is a first-degree felony, punishable by 5 to 99 years in prison or life, plus a fine of up to $10,000. Burglary of a building involves a non-residential structure, such as a store, warehouse, or office. This is a state jail felony, carrying a sentence of 180 days to 2 years in a state jail.
The key distinction is whether the structure was used as a dwelling at the time of the offense. According to the Texas Department of Public Safety, burglary remains one of the most frequently charged property crimes in Travis County. The classification dramatically affects your sentencing exposure and legal defense strategy.
Key differences at a glance:
| Aspect | Burglary of a Habitation | Burglary of a Building |
| Definition | Home or place where people live | Non-residential structure (store, office, warehouse) |
| Felony Level | First-degree felony | State jail felony |
| Prison Sentence | 5–99 years or life | 180 days – 2 years in state jail |
| Fine | Up to $10,000 | Up to $10,000 |
| Why it matters | Much higher stakes | Lower exposure, but still a felony |
If you face burglary of a habitation with a deadly weapon, the charge remains a first-degree felony but carries an aggravated enhancement. A deadly weapon finding at sentencing triggers a mandatory minimum: you must serve at least half your sentence before parole eligibility. Under Texas law, a deadly weapon includes firearms, knives, and any object used to cause serious bodily injury.
Prosecutors often charge burglary together with aggravated assault or robbery. LaVine Law Firm's criminal defense approach addresses multi-count indictments involving deadly weapons. We challenge whether the object actually qualifies as a deadly weapon under the statute. This can significantly reduce your exposure.
Penalties for burglary charges in Austin depend on the type of burglary and your criminal history. Here is the full range:
Probation may be available for some first-time, lower-severity cases. The court may also order restitution, requiring you to repay the property owner for losses. A prison term is a real possibility. Do not plead guilty without first speaking to an Austin burglary lawyer.
Texas felony punishment tiers range from state jail to first-degree felony. Prior felony convictions can elevate your punishment tier under Texas Penal Code §12.42. If you have two prior felony convictions, the habitual offender statute can trigger a 25-year mandatory minimum sentence.
At a criminal trial, you may choose whether the judge or jury decides your sentence. A skilled defense attorney can argue for minimum sentences or, in some cases, alternative punishments such as deferred adjudication. Community supervision (probation) eligibility varies by felony class.
Sentencing tiers summary:
A burglary conviction brings more than prison time. The consequences can significantly impact your life for decades:
These serious consequences can follow you for life. That is why contesting burglary cases with experienced legal representation matters so much.
Yes, multiple viable defenses exist against burglary charges. The best defense strategy depends on the specific facts of your case. The prosecution must prove: unlawful entry, lack of consent, and intent to commit a crime at the time of entry. If the state cannot prove any of these elements beyond a reasonable doubt, your case may be dismissed.
Common defense categories:
Engaging a criminal defense attorney early gives you more options to shape the outcome. Do not wait.
Lack of intent is often the strongest defense. The prosecution must prove you intended to commit a felony, theft, or assault at the moment you entered the property. If you entered lawfully and only later decided to commit a crime, that is not burglary. Consent is another powerful defense; if you had permission to enter, the charge may not hold.
Mistaken identity is a leading cause of wrongful conviction in burglary cases. Eyewitness misidentification, poor lighting, or similar appearance can lead to false accusations. An alibi defense, supported by surveillance footage, phone data, or witness statements, can prove you were not present.
Additional defense angles:
We challenge evidence obtained through unlawful searches or seizures. Under the Fourth Amendment, if police lacked a warrant or probable cause, we can file a motion to suppress. Physical objects connected to the crime must have a proper chain of custody; broken chains can render evidence inadmissible.
We also attack eyewitness reliability through cross-examination. Issues such as suggestive lineups, poor lighting, or high stress can create reasonable doubt about an identification. Forensic evidence, such as fingerprints or DNA, may be challenged for improper collection or analysis. LaVine Law Firm may retain independent experts to counter the prosecution's forensic evidence.
Evidence we challenge:
The criminal defense process in Texas follows a structured sequence. Knowing what comes next can reduce your anxiety and help you make an informed decision. Most burglary cases do not go to trial, but LaVine Law Firm prepares every case as if it will.
We guide you through each stage with clear communication. Here is what you can expect.
After arrest and booking at the Travis County jail, you will appear before a magistrate for a bail hearing. We argue for a reduced bond or a personal recognizance bond. In felony cases involving assault and family violence, a grand jury reviews evidence to decide whether to issue an indictment.
At arraignment, the court reads criminal charges, and you enter a plea. Both sides exchange evidence; we uncover anything that remains concealed. We file pretrial motions to suppress or dismiss, seeking that the case be dismissed. We advise you on whether to accept a plea deal or proceed to trial. If you choose trial, we handle jury selection, opening statements, witness examination, and closing arguments.
The legal process step by step:
Under criminal law, burglary of a habitation involves a home (first-degree felony). A second-degree felony, punishable by 2-20 years, applies in some cases. Burglary of a building is a state jail felony.
Yes. Through pretrial motions, plea deals, or challenges to evidence, we seek a favorable outcome, such as a dismissal. The outcome depends on your criminal history and your legal representative.
The charge remains a first-degree felony with aggravated enhancement. A deadly weapon finding triggers a mandatory minimum. This is a more serious crime than simple burglary.
Yes. Texas law requires only unlawful entry with intent to commit any felony, theft, assault, or family violence. Even misdemeanor charges can apply in some theft attempts.
Straightforward cases may resolve in months. Cases going to criminal trial can take a year or longer in Travis County. Court orders can affect timelines.
No. Invoke your right to remain silent and contact an Austin criminal defense lawyer immediately. Anything you say can be used against you when facing criminal charges.
If you face burglary charges in Austin, do not wait. A felony conviction can cost you your freedom, job, housing, and gun rights. Even misdemeanor punishable offenses require a strong defense strategy. The strongest defenses are built early, before the prosecution solidifies its criminal cases.
At LaVine Law Firm, our Austin criminal defense attorneys have in-depth knowledge of Texas law and Travis County courts. Clients have felt completely confident in our approach to serious cases. We offer a free initial consultation to review your specific circumstances and outline your legal options. We fight hard to determine the best course for your future.
Call us at 713-489-7734 to schedule your case evaluation. Do not let a burglary charge define the rest of your life.
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