Waco Burglary Lawyer

An arrest for a criminal offense is a frightening experience that can significantly impact your future. A conviction can potentially result in steep fines and jail time.

If you face criminal charges or are under investigation, you must begin preparing immediately. Contact a dedicated Waco burglary lawyer today to schedule an appointment. Our reliable theft attorneys could review your case and begin building a solid defense.

What Does State Criminal Law Consider as Burglary?

While many confuse the two, burglary is a different offense than robbery, and it is unnecessary for you to steal anything to face burglary charges. It typically occurs when no one is present and without the use of threat of force or a weapon.

Anyone entering a habitation or other structure without the owner’s consent, intending to commit theft or assault, is guilty of burglary. Under Texas Penal Code § 30.02, even the act of reaching inside a structure without authorization from the owner, such as through the window or door, is entry and enough for the state to seek a conviction for burglary.

The Elements of Burglary

The state prosecutor must establish that each of the elements of burglary exists to win a guilty plea in criminal court, and those include the following:

• The alleged defendant entered the dwelling or structure;
• The individual intended to commit a crime; and
• The building must meet the legal requirements, including not being open to the public, such as houses, businesses, vehicles, and sheds.

The severity of the consequences for a conviction of the offense depends on the case’s circumstances. While burglary of an unoccupied structure, such as an office building, is typically a jail felony, burglary of a habitation, like someone’s house or apartment, is a second felony.

Aggravating factors could elevate the charges to a first-degree felony offense. During a consultation, a Waco burglary attorney could answer your questions about your charges and possible outcomes.

Aggravating Factors in Burglary Cases

When the state asserts there are aggravating factors in burglary cases, it can elevate the severity of the individual’s criminal charges. Some examples of aggravating factors include:

• Prior criminal record;
• Use of a weapon;
• The alleged victim is a minor or other vulnerable victim;
• Premeditation before the alleged defendant committed the offense; and
• Degree of participation in the act.

Determining the most fitting defense strategy requires carefully reviewing the charges and the state’s evidence.

Potential Defense Strategies

Defense against burglary charges requires careful planning to build a solid strategy. A legal professional could use one or more of the following to argue their client’s case:

• Intent is a necessary element needed to establish guilt, and establishing a lack of intent could help overcome the charges;
• Mistaken identity and challenging witness identification;
• The alleged defendant had permission to enter the premises;
• Lack of adequate evidence to prove guilt;
• The individual has an alibi to prove they were not the person at the property at the time of the offense; or
• Challenging the search and seizure during the police investigation.

Every case requires planning a defense strategy tailored to the arrest’s circumstances. A burglary lawyer in Waco could help determine the best strategy to reach the best potential outcome in your case.

Meet With a Seasoned Burglary Attorney in Waco Today

Burglary is a serious theft charge with lasting consequences, including challenges with finding a job or housing. You must begin preparing your case as soon as you are charged, even if the court date is months away.

A hardworking Waco burglary lawyer could provide legal advice and guidance and help strategize the most effective defense. Call to schedule a consultation with a well-versed criminal defense attorney and get started on your case.