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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064

FORMER CHIEF PROSECUTOR

PERSONALIZED ATTENTION TO YOUR CASE

NO HOURLY RATES, ALWAYS A FLAT FEE

CLIENT CENTERED APPROACH TO YOUR CASE

BOARD CERTIFIED IN CRIMINAL LAW 

OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW

WHY HIRE THORNTON CRIMINAL DEFENSE?

Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

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Burglary Defense Attorney in San Antonio, Texas

Burglary

Texas Penal Code § - 30.02 BURGLARY HABITATION; Texas Penal Code § - 30.03 BURGLARY BUILDING-INTENT THEFT; Texas Penal Code § - 30.03 BURGLARY OF VEHICLES;

Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting a lawyer with the experience to handle your case.

Attorney for Burglary 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 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.


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 Texas, 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.

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 Texas 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

Second-degree Felony

Third-degree Felony

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

2 - 10 years in prison

180 days - 2 years in jail

Up to 1 year in jail

Up to 180 days in jail

2 - 20 years in prison

5 - 99 years in prison

Up to $10,000

Up to $10,000

Up to $10,000

Up to $10,000

Up to $4,000

Up to $2,000