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 Houston burglary lawyer knows that burglary is a serious felony that many people misunderstand. Under Texas criminal law, burglary does not require a completed theft crime. Instead, the state of Texas only needs to claim that you entered a place without consent and had the intent to commit a felony, theft, or assault.
According to the Texas Department of Public Safety, Harris County reported over 12,000 burglary offenses in a recent year, demonstrating the aggressive prosecution of these charges. These numbers show how quickly a criminal case can grow once a police officer begins a criminal investigation.
A burglary accusation can damage your reputation, career, and freedom long before you appear before a grand jury or enter Harris County criminal court. A conviction brings lasting consequences, making it crucial for individuals accused of burglary to have strong legal representation. Every assault case or theft-related matter turns on specific facts and relevant evidence, and experienced counsel can help prevent a life-altering criminal conviction. At LaVine Law Firm, we work from day one to protect your rights and your future.
When facing criminal charges in the criminal justice system, your case may also involve allegations such as aggravated assault, aggravated robbery, drug crimes, attempted murder, identity theft, assault on a family member, domestic violence, or other theft charges. Our legal specialization allows us to defend against these serious accusations with strategies tailored to your needs.
We handle each burglary case with a strong and focused approach. We know the prosecution will push hard, so we push back with equal force. Our defense team studies the prosecutor's case, challenges weak claims, and fights to expose flaws in the evidence. We aim for the best possible result, whether that means a case dismissed, a plea deal with reduced penalties, or an acquittal at trial. We build every strategy with your future, job, and family relationships in mind.
As experienced criminal lawyers, we understand how to counter serious allegations in Harris County. We defend clients facing misdemeanor offenses, state jail felony cases, and even third-degree felony charges. Our legal expertise guides every step we take toward a favorable outcome. We stand beside you through every step of the legal system. You never face these serious criminal charges alone.
Under the Texas Penal Code, burglary is more than a simple theft crime. It is a crime of intrusion paired with intent, and the penalties rise depending on the type of structure involved. Many people do not know that burglary can be charged even if nothing was taken. The state must only claim that you entered without consent and intended to commit a criminal offense. Because of this, many innocent people get swept into the system and must fight for their freedom.
A burglary charge in Texas includes:
These elements give the prosecutor a wide range of options when building a case. We review every detail to find weaknesses and challenge the state’s claims. We build defense strategies tailored to the facts, location, and circumstances of your arrest.
Texas law treats homes differently from commercial buildings. Burglary of a habitation often carries more severe penalties because the law sees a home as a private and protected place. Burglary of a building usually applies to businesses, storage units, or non-residential structures. The penalty range varies from a state jail felony to higher felony charges. We explain these differences clearly so you understand what you are facing.
The state must prove that you intended to commit a crime at the time you entered the location. This is often the hardest part for the prosecution to prove. Intent depends on facts, actions, and evidence that may not support the state's claim. We challenge these points and fight to expose assumptions or mistakes in the prosecutor’s case. This gives you a strong chance at a reduced charge or dismissal.
A burglary conviction in Texas can change your entire life. Even after you serve time, you may face barriers that keep you from work, housing, and basic rights. These penalties grow even harsher if you already have a criminal history or face a misdemeanor or felony charge for other offenses. As a criminal defense lawyer, we know how these laws affect people in real ways. We work hard to protect you from serious penalties and long-term harm.
Burglary penalties vary depending on the place entered and any related claims. A case may start as a state jail felony and rise to a first-degree felony if the accusation includes a deadly weapon or related assault charges. These charges can bring years or even life in prison, plus steep fines. We explain the risks so you know what you face. We help you understand how a plea bargain or deferred adjudication might apply.
Penalties may include:
A felony record brings lifelong limits. It can affect your ability to find a job, secure housing, or keep certain rights. These limits remain even if your case involved criminal trespass, drug possession, or other related charges. As experienced attorneys, we fight to protect clients from these long-term losses. We want to give you every chance to build a stable life after the case.
A felony record can:
A conviction can change how people see you. It can strain your standing in your family and your community. Many clients feel the weight of shame and stress after facing serious charges. As a Houston criminal defense attorney team, we know this pressure well. We work to protect not only your record but your future relationships.
These cases can limit:
An effective defense relies on a close study of the facts. We look at the evidence and test each part of the prosecutor’s claims. Our goal is to show how the state has failed to meet the burden of proof. As a Houston criminal lawyer team with extensive experience, we know how to break down cases piece by piece. We are ready to defend you against serious charges in Harris County and beyond.
The prosecution must prove you entered the home or building unlawfully. They must also show that you intended to commit a crime after entry. We question both of these claims at every stage. Our defense lawyer team reviews videos, photos, and statements to identify weaknesses. If entry or intent is unclear, we push to reduce or dismiss the charges.
Some cases involve confusion over consent or permission. Other cases involve mistaken identity by a witness or police officer. We show when a client had consent to enter or when the wrong person was accused. These defenses apply to many cases, including criminal trespass, assault, and theft. As experienced criminal defense lawyers, we know how to present these defenses in court.
If officers obtained evidence without a legal search or warrant, we file motions to suppress. This can weaken or destroy the prosecutor’s case. Illegal searches often happen in cases involving drug charges, controlled substance claims, or white collar crimes. Our legal assistants and legal team review every document for errors. When evidence is suppressed, the state may be forced to offer a plea deal or drop the case.
If you were not at the scene, we gather evidence to show you were elsewhere. This can include videos, timestamps, witness statements, or phone records. These facts can lead to a case dismissed or major reductions. As a Houston criminal attorney team, we build these defenses with care. We fight for your freedom from the start of the criminal case until the end.
When your future is at risk, you need a team that brings a strong legal strategy and steady support. We know burglary charges can lead to significant consequences, especially when linked to other offenses like assault of a family member, traffic violations, or even federal criminal cases. Our law office focuses on giving you the best defense possible, no matter how complex the case may be. We guide you through the legal system step by step. We also offer a free case consultation so you understand your options from the start.
We run our own investigation in every burglary case. We review all discovery and study reports and look for mistakes in the prosecutor’s case. This includes checking statements, videos, and any forensic details that may help your defense. Our goal is to uncover flaws that weaken the state’s claims. We use these facts to build a stronger, fairer outcome for you.
We plan for both negotiation and trial from day one. We seek deals that reduce charges or penalties when it benefits you, but we never rely on a plea alone. If the state refuses to act fairly, we are ready to take your case to trial. Our experience helps us challenge the state in court and pursue the best possible result. You deserve a defense that stands firm under pressure.
We keep you informed because this is your life and your future. Our team explains the legal steps in clear terms so you never feel lost in the process. We work to lower your stress and help you make smart choices. Your goals guide every move we make. We are here to protect you at every stage of your case.
Your choices after an arrest or accusation can shape the entire case. Many people panic, but staying calm and acting wisely gives you a stronger defense. We help clients understand what to do from the very beginning. These early steps can protect your rights and improve your chances of a favorable outcome. You may reach out to us anytime for a free consultation.
You should not speak with any police officer about the case. Anything you say can be used against you later. Staying silent protects you from accidentally giving harmful details. You always have the right to remain silent. We step in to speak for you and safeguard your rights.
The sooner you call us, the stronger your defense becomes. Early action helps us gather evidence, speak with witnesses, and protect information that may fade over time. This gives you a better position against the prosecutor’s case. It also helps us prevent small issues from turning into serious problems. We act fast to defend you and protect your future.
Burglary involves unlawful entry into a property with the intent to commit a crime. Robbery involves taking property directly from a person through force or threat. Both can bring serious penalties. We help clients understand the charges they face.
Yes. The law focuses on entering without consent and having the intent to commit a felony, theft, or assault. The act does not need to be completed. We challenge these claims at every step.
Burglary of a habitation becomes a first-degree felony if the state claims you intended to commit or did commit a felony other than theft. This can include assault or sex crimes. We work to lower or defeat these claims.
No. Texas law does not require a physical break. Entry through an unlocked or open door can still count. We review the facts to test whether the entry was unlawful.
Yes. If you had the owner’s effective consent to enter, this can be a complete defense. We gather proof of consent whenever possible. This can lead to a reduced charge or dismissal.
Stay calm and avoid answering questions. Tell the officer you want an attorney. Then contact us for guidance and protection of your rights.
A burglary conviction carries severe and lasting consequences that can affect your freedom, your work, and your future. These cases are complex, and the state often uses broad claims to push for harsh penalties. You need a skilled defense team that understands how to challenge the evidence and expose weak points in the prosecutor’s case. At LaVine Law Firm, we have the experience and determination to fight for your rights. We know how to defend clients in both simple and complex situations.
Time is important in any burglary case. Evidence disappears, witnesses forget details, and the state prepares its case quickly. The best way to protect yourself is to get legal help as soon as possible. We act fast to protect your future and guide you through each step. Your freedom deserves strong and skilled support.
Take the first step today by contacting LaVine Law Firm for a confidential and complete case evaluation. We are ready to fight for you.
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