Dallas Burglary Defense Lawyer

Facing Burglary Charges in Dallas, TX?

If you or a loved one has been charged with burglary in Dallas, you are likely facing one of the most serious property crime accusations under Texas law. A burglary conviction can result in harsh prison sentences, steep fines, and a permanent criminal record that can follow you for life. With your future and freedom at stake, it is critical to have an experienced Dallas burglary defense attorney from Law Office of Patrick J. McLain, PLLC on your side. Our firm has extensive experience defending clients against burglary charges in Dallas and throughout Texas, and we know how to build strong defense strategies tailored to your case.

Call (214) 238-9392 or contact us online today to schedule a confidential consultation with an experienced Dallas burglary defense lawyer and begin building your defense.

What is Burglary in Texas?

In Texas, burglary is defined under Texas Penal Code §30.02. A person commits burglary if they enter a building or habitation without the owner’s consent and with the intent to commit a felony, theft, or assault. Burglary may also involve unlawfully remaining inside a building after gaining entry with consent but then intending to commit a crime.

There are a few key elements prosecutors must prove in a burglary case:

• Entry without consent – This may involve breaking in, using deception to gain access, or simply walking in without permission. Even partial entry (such as reaching a hand through a window) can qualify.
• Intent to commit a crime – The intent to commit theft, assault, or another felony must exist at the time of entry.
• Type of structure – Burglary charges differ depending on whether the alleged crime involved a building, a commercial property, or a habitation (someone’s home).

It’s important to note that burglary is not limited to nighttime break-ins or thefts. A person can face burglary charges even if nothing is stolen, so long as prosecutors claim there was intent to commit a crime once inside.

Burglary Penalties in Texas

Texas law imposes severe penalties for burglary, and the exact punishment depends on the type of property entered and the circumstances of the alleged crime.

• Burglary of a Building (non-habitation): Typically charged as a state jail felony, punishable by 6 months to 2 years in a state jail facility and fines up to $10,000.
• Burglary of a Habitation (residential home): Classified as a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
• Burglary of a Habitation with intent to commit another felony (other than theft): This is considered a first-degree felony, carrying 5 to 99 years or life in prison, plus up to $10,000 in fines.
• Burglary of a Vehicle or Coin-Operated Machine: These are generally charged as misdemeanors, but repeated offenses can escalate to felonies.

In addition to incarceration and fines, a burglary conviction can have life-long consequences, including:

• A permanent criminal record that affects employment opportunities.
• Loss of professional licenses or immigration status.
• Difficulty securing housing or loans.
• Damage to personal and professional reputation.

Legal Defenses to Burglary Charges

At Law Office of Patrick J. McLain, PLLC, we understand that every burglary case is unique. Our experienced Dallas burglary defense lawyers carefully analyze the facts, evidence, and circumstances to identify weaknesses in the prosecution’s case. Some common defenses include:

• Lack of Intent: If the prosecution cannot prove you intended to commit a crime at the time of entry, burglary charges may not stand.
• Consent to Enter: If you had permission from the property owner or lawful occupant to enter, it is not burglary.
• Mistaken Identity: Eyewitnesses may misidentify suspects, and surveillance footage can be unclear. We work to establish alibis and challenge weak identifications.
• Unlawful Search and Seizure: If law enforcement violated your constitutional rights in gathering evidence, such as through an illegal search, we may be able to suppress that evidence.
• Insufficient Evidence: Prosecutors must prove every element of burglary beyond a reasonable doubt. If the evidence is weak, charges may be reduced or dismissed.

By aggressively pursuing these defenses, we aim to protect your rights and achieve the best possible outcome, whether that means a case dismissal, reduced charges, or acquittal at trial.

Burglary FAQs

Can I be charged with burglary if I didn’t steal anything?

Yes. In Texas, burglary is based on the intent to commit a crime after entering unlawfully. Even if nothing was taken, prosecutors can still bring charges if they claim you intended to commit theft, assault, or another felony.

What is the difference between burglary and robbery?

Burglary involves unlawfully entering a structure with intent to commit a crime. Robbery, on the other hand, involves taking property directly from a person through force or threats.

Can a burglary charge be reduced?

Yes, depending on the evidence and circumstances, a burglary charge may be reduced to a lesser offense such as criminal trespass. A skilled Dallas burglary defense lawyer can negotiate with prosecutors to seek charge reductions or alternative sentencing.

What should I do if I am under investigation for burglary?

Do not speak to police without an attorney present. Anything you say can be used against you. Contact a defense lawyer immediately to protect your rights.

Can juveniles be charged with burglary in Texas?

Yes. Minors can face burglary charges, and while juvenile courts handle many cases, serious burglary offenses may result in harsher penalties. Legal representation is critical for young defendants.

Contact a Dallas Burglary Defense Lawyer Today

Facing a burglary charge in Dallas is an overwhelming experience, but you do not have to go through it alone. At Law Office of Patrick J. McLain, PLLC, we provide aggressive, strategic defense for clients accused of burglary and other serious crimes in Texas. We understand what is at stake, and we fight tirelessly to protect your rights, your future, and your freedom.

Contact us now at (214) 238-9392.