Dallas Burglary Attorneys

Experienced Burglary Lawyers Serving Dallas County, TX

Being charged with burglary is a serious matter. If you are convicted, you could face a lengthy prison sentence, fines, and a permanent criminal record. If you are facing burglary charges, it is important to have an experienced criminal defense attorney on your side who can help you understand your legal options and fight for your rights.

At Scott H. Palmer, P.C., we have been representing clients in a wide range of criminal matters for decades. Our criminal defense lawyers have a comprehensive understanding of Texas laws regarding burglary and theft crimes, and we know what it takes to build a strong defense strategy on your behalf.

Call our firm today at (214) 891-3382 or contact us online to schedule a consultation with our  Dallas burglary lawyers.

What Is Burglary?

In Texas, burglary is defined as the act of entering a building or habitation with the intent to commit a felony, theft, or assault. The crime of burglary is similar to the crime of theft, but it is considered to be more serious because it involves unlawfully entering a building or habitation.

There are several key elements that must be proven in order for a person to be convicted of burglary in Texas. First, the prosecution must prove that the defendant entered a building or habitation. Second, the prosecution must prove that the defendant entered the building or habitation without the consent of the owner. Finally, the prosecution must prove that the defendant entered the building or habitation with the intent to commit a felony, theft, or assault.

It is important to note that the crime of burglary does not require that the defendant actually commit a felony, theft, or assault. The crime of burglary is complete as soon as the defendant enters the building or habitation with the intent to commit a felony, theft, or assault.

What Is the Difference Between Burglary and Robbery?

Many people use the terms “burglary” and “robbery” interchangeably, but these two crimes are actually quite different. While both crimes involve the unlawful taking of someone else’s property, the key difference between the two crimes is the presence of the victim.

In a robbery, the defendant takes someone else’s property by using force or the threat of force. In other words, a robbery is a theft that is committed in the presence of the victim. For example, if a person walks up to another person on the street and demands that they hand over their wallet, this would be considered a robbery.

In a burglary, on the other hand, the defendant enters a building or habitation with the intent to commit a felony, theft, or assault. The key difference between a burglary and a robbery is that a burglary is committed when the victim is not present. For example, if a person breaks into a home while the homeowner is away and steals their television, this would be considered a burglary.

What Are the Different Degrees of Burglary?

In Texas, there are three different degrees of burglary: felony of the first degree, felony of the second degree, and state jail felony. The degree of the crime depends on the specific circumstances of the case.

The following are the different degrees of burglary in Texas:

• Felony of the first degree: A burglary is considered to be a felony of the first degree if the building or habitation that was entered was a “habitation” and any of the following occurred: the defendant entered the habitation with the intent to commit a felony other than felony theft, the defendant entered the habitation and committed or attempted to commit a felony other than felony theft, or the defendant used or exhibited a deadly weapon during the commission of the burglary.
• Felony of the second degree: A burglary is considered to be a felony of the second degree if the building or habitation that was entered was a “habitation” and the defendant entered the habitation with the intent to commit felony theft.
• State jail felony: A burglary is considered to be a state jail felony if the building or habitation that was entered was not a “habitation.”

It is important to note that the crime of burglary is considered to be a “habitual” crime in Texas. This means that if a person has been previously convicted of burglary, the punishment for a subsequent burglary conviction will be increased.

What Are the Penalties for Burglary in Texas?

The penalties for a burglary conviction in Texas depend on the specific circumstances of the case. As mentioned above, the degree of the crime depends on the specific circumstances of the case. The higher the degree of the crime, the more severe the penalties will be.

The following are the penalties for a burglary conviction in Texas:

• Felony of the first degree: A person who is convicted of a felony of the first degree can face a prison sentence of up to 99 years or life and/or a fine of up to $10,000.
• Felony of the second degree: A person who is convicted of a felony of the second degree can face a prison sentence of up to 20 years and/or a fine of up to $10,000.
• State jail felony: A person who is convicted of a state jail felony can face a prison sentence of up to 2 years and/or a fine of up to $10,000.

In addition to these penalties, a person who is convicted of burglary in Texas will also have a permanent criminal record. Having a criminal record can make it difficult to find a job, secure housing, or obtain a loan.

How Can Our Dallas Burglary Lawyer Help?

If you are facing burglary charges, it is important to have an experienced criminal defense attorney on your side who can help you understand your legal options and fight for your rights. At Scott H. Palmer, P.C., we have a comprehensive understanding of Texas laws regarding burglary and theft crimes, and we know what it takes to build a strong defense strategy on your behalf.

Our burglary defense lawyers can help you by:

• Conducting a thorough investigation: We will conduct a thorough investigation into the circumstances surrounding your arrest, including the actions of the police officers who were involved in your case. If we find any evidence that your rights were violated, we will fight to have the evidence against you suppressed.
• Reviewing the evidence against you: We will review all of the evidence that the prosecution has against you, including any video surveillance footage, witness statements, or other evidence. If we find any weaknesses in the prosecution’s case, we will use this information to build a strong defense strategy on your behalf.
• Negotiating with the prosecution: In some cases, it may be possible to have the charges against you reduced or dismissed. Our attorneys are skilled negotiators who know how to get results. We will fight to have the charges against you reduced or dismissed, and we will not hesitate to take your case to trial if necessary.

Protecting Your Rights After a Burglary Arrest

If you are arrested on suspicion of burglary, it is important to remember that you have certain rights under the law. These rights are designed to protect you from self-incrimination and other forms of police misconduct.

The following are some of the most important rights that you have after a burglary arrest:

• The right to remain silent: After you are arrested, the police will likely try to question you about the crime. You have the right to remain silent and refuse to answer any questions. It is generally a good idea to exercise this right and wait until you have an attorney present before answering any questions.
• The right to an attorney: After you are arrested, the police will likely try to get you to sign a confession or make a statement that can be used against you in court. You have the right to an attorney, and it is generally a good idea to exercise this right and wait until you have an attorney present before making any statements.
• The right to be free from unreasonable searches and seizures: The police cannot search your home, car, or personal belongings without a valid search warrant or probable cause. If the police conducted an illegal search, any evidence that was obtained as a result of the search may be suppressed.
• The right to due process of law: The prosecution has the burden of proving that you are guilty of the crime beyond a reasonable doubt. If the prosecution cannot meet this burden of proof, you cannot be convicted of the crime.

If you are arrested on suspicion of burglary, it is important to remain calm and cooperate with the police. However, you should also be careful about what you say and do. Anything that you say or do can be used against you in court, so it is generally a good idea to exercise your right to remain silent and wait until you have an attorney present before answering any questions.

What Are Some Defenses to Burglary Charges?

If you are facing burglary charges, there are several defenses that may be available to you. The specific defenses that may be available to you will depend on the specific circumstances of your case.

The following are some of the most common defenses to burglary charges:

• You had the owner’s consent: The crime of burglary requires that the defendant entered the building or habitation without the consent of the owner. If you had the owner’s consent to enter the building or habitation, you cannot be convicted of burglary.
• You did not have the intent to commit a felony, theft, or assault: The crime of burglary requires that the defendant entered the building or habitation with the intent to commit a felony, theft, or assault. If you did not have the intent to commit a felony, theft, or assault, you cannot be convicted of burglary.
• You were falsely accused: In some cases, a person may be falsely accused of burglary. For example, a person may be falsely accused of burglary by a disgruntled ex-spouse or business partner. If you were falsely accused of burglary, our attorneys can help you fight the charges against you.
• The police violated your rights: The police must follow certain rules and procedures when making an arrest. If the police violated your rights during the arrest, any evidence that was obtained as a result of the arrest may be suppressed.

It is important to note that the specific defenses that may be available to you will depend on the specific circumstances of your case. Our attorneys can review the specific facts of your case and help you understand your legal options.

What Are Some Possible Outcomes of a Burglary Case?

If you are facing burglary charges, there are several possible outcomes of your case. The specific outcome of your case will depend on the specific circumstances of your case, as well as the specific defenses that are available to you.

The following are some of the possible outcomes of a burglary case:

• The charges are dropped: In some cases, the prosecution may decide to drop the charges against you. This can happen if the prosecution does not have enough evidence to prove that you are guilty of the crime beyond a reasonable doubt, or if the prosecution believes that it will not be able to secure a conviction for some other reason.
• You are found not guilty: If your case goes to trial, the jury will decide whether you are guilty or not guilty of the crime. If the jury finds that you are not guilty, you cannot be convicted of the crime.
• You are found guilty: If your case goes to trial, the jury will decide whether you are guilty or not guilty of the crime. If the jury finds that you are guilty, you will be convicted of the crime and the judge will decide your sentence.
• You plead guilty: If you plead guilty to the charges, you will be convicted of the crime and the judge will decide your sentence. In some cases, it may be possible to negotiate a plea bargain with the prosecution. A plea bargain is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty to the charges in exchange for a reduced sentence or some other benefit.

Our attorneys can help you understand the possible outcomes of your case and fight for your rights.

Why Choose Scott H. Palmer, P.C.?

At Scott H. Palmer, P.C., we are committed to providing our clients with the aggressive representation that they deserve. We know that being charged with a crime can be a stressful and overwhelming experience, and we are here to help you every step of the way.

If you are facing burglary charges, it is important to have an experienced Dallas burglary attorney on your side who can help you understand your legal options and fight for your rights. At Scott H. Palmer, P.C., we have a comprehensive understanding of Texas laws regarding burglary and theft crimes, and we know what it takes to build a strong defense strategy on your behalf.

Call our firm today at (214) 891-3382 or contact us online to schedule a consultation with our  Dallas burglary lawyers.