San Antonio Burglary Attorney
Skilled Burglary Attorneys in San Antonio, Texas
Burglary is a crime that involves breaking into a structure, such as a home or building, with the intention of committing a theft or a felony. In San Antonio, Texas, there are two main types of burglary: burglary of a habitation and burglary of a building.
Burglary of a habitation occurs when a person breaks into a dwelling, such as a house or apartment, with the intent to commit a theft or a felony. This type of burglary is considered a more serious offense than burglary of a building, as it involves the invasion of a person’s home.
Burglary of a building, on the other hand, occurs when a person breaks into a non-residential structure, such as a warehouse or office building, with the intent to commit a theft or a felony. This type of burglary is considered a less serious offense than burglary of a habitation.
A San Antonio burglary attorney at Thornton Criminal Defense can help individuals accused of burglary by providing skilled legal representation aimed at protecting their rights and achieving the best possible outcome. Burglary charges can result in severe penalties, including imprisonment, fines, and a criminal record. Knowledgeable burglary lawyers will thoroughly review the case, challenge any weak or improperly obtained evidence, and explore possible defenses such as lack of intent or mistaken identity. They may also negotiate plea deals to reduce charges or penalties. With their understanding of Texas burglary laws, an experienced burglary lawyer ensures that clients receive fair treatment throughout the legal process.
Burglary to Commit Assault or Other Felony
Burglary to commit assault is a crime that occurs when a person breaks into a structure, such as a home or building, with the intention of committing an assault on someone inside. In Texas, this crime is considered a more serious offense than simple burglary, as it involves the intent to commit violence against another person.
Under Texas law, a person can be charged with burglary to commit assault if they enter a building or habitation without the owner’s consent and with the intent to commit an assault. It is important to note that the person does not actually have to commit the assault for the charge to be brought. Simply having the intent to commit an assault is enough to be charged with this crime.
A person can also be charged with burglary if they break into a structure, such as a home or building, with the intention of committing some other felony while they are inside, such as arson.
Burglary of a Vehicle
Burglary of a vehicle is a crime that occurs when a person breaks into a vehicle with the intent to commit a theft or a felony. In San Antonio, this crime is considered a less serious offense than burglary of a habitation or a building, as it does not involve the invasion of a person’s home or place of business.
Under Texas law, a person can be charged with burglary of a vehicle if they enter a vehicle without the owner’s consent and with the intent to commit a theft or a felony. It is important to note that the person does not actually have to commit the theft or felony in order to be charged with this crime. Simply having the intent to do so is enough to be charged with burglary of a vehicle
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Defenses to Burglary in Texas
One of the defenses to the crime of burglary in Texas is the alibi defense, which is based on the idea that the defendant was not present at the scene of the crime at the time it was committed. In order to use this defense, the defendant must present evidence that they were somewhere else when the burglary occurred. This evidence may include witness testimony, video surveillance footage, or other forms of documentation.
If the defendant can successfully establish an alibi and provide enough evidence to show that they were not present at the scene of the crime, they may be able to avoid a conviction for burglary. However, it is important to note that the prosecution may try to challenge the defendant’s alibi by presenting evidence that contradicts it or by arguing that the defendant could have still committed the crime despite being elsewhere at the time.
In addition to the alibi defense, there are several other defenses to the crime of burglary in San Antonio that a person may be able to raise in order to contest the charges against them. These defenses may include lack of intent, mistake of fact, self-defense, and duress, among others.
It is important to note that these defenses are not guaranteed to be successful in all cases, and the specific defenses that may be available to a defendant will depend on the specific circumstances of their case.
Punishment Ranges
Level of Offense | Potential Incarceration | Potential Fine |
First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Punishments for Burglary in Texas
In Texas, the potential punishments for the crime of burglary depend on the specific circumstances of the offense and the type of structure that was burglarized. Some of the most common types of burglary in Texas and their corresponding punishments are:
- Burglary of a habitation to commit theft: If a person breaks into a dwelling, such as a house or apartment, with the intent to commit a theft, they can be charged with burglary of a habitation to commit theft. This crime is a second-degree felony and is generally punishable by up to 20 years in prison.
- Burglary of a habitation to commit assault: If a person breaks into a dwelling with the intent to commit an assault on someone inside, they can be charged with burglary of a habitation to commit assault. This crime is a second-degree felony and is generally punishable by up to 20 years in prison.
- Burglary of a habitation to commit another felony: If a person breaks into a dwelling with the intent to commit any other felony, such as drug possession or manufacturing, they can be charged with burglary of a habitation to commit another felony. This crime is a first-degree felony and is generally punishable by up to 99 years to life in prison.
- Burglary of a building: If a person breaks into a non-residential structure, such as a warehouse or office building, with the intent to commit a theft or a felony, they can be charged with burglary of a building. This crime is a state jail felony and is generally punishable by up to 2 years in a state jail facility.
- Burglary of a vehicle: If a person breaks into a vehicle with the intent to commit a theft or a felony, they can be charged with burglary of a vehicle This crime is a class A misdemeanor and is generally punishable by up to one year in county jail. The punishment range can increase with each subsequent conviction.
Contact Our San Antonio Burglary Lawyer, Brad Thornton
If you have been charged with burglary in San Antonio, Texas, it is important to seek legal representation as soon as possible in order to protect your rights and defend yourself against the charges. One option to consider is board-certified criminal defense attorney Brad Thornton, who has extensive experience handling criminal cases in Texas.
There are several reasons why you should consider calling Brad Thornton for a free consultation if you have been charged with burglary in San Antonio. One reason is his extensive experience as a criminal defense attorney. Brad Thornton has been practicing exclusively criminal law for over a decade.
Another reason to consider Brad Thornton is his background as a former chief prosecutor. Before becoming a criminal defense attorney, Brad Thornton served as a chief prosecutor for the Bexar County District Attorney’s Office, where he gained valuable insight into how the prosecution builds and presents its cases. This experience gives Brad Thornton a unique perspective on criminal cases, and can be invaluable in helping him defend his clients against the charges they face.
Finally, Brad Thornton offers a free consultation to anyone who has been charged with a crime. This allows you to discuss your case with him and get a better understanding of your legal options without any financial risk.
If you have been charged with burglary in San Antonio, Texas, it is important to seek legal representation as soon as possible. Contact our office today.