San Antonio Burglary Attorney

Burglary Cases We Handle

Burglary charges carry severe penalties in Texas and demand immediate, aggressive representation to protect your freedom. Here are some of the charges the skilled legal team at Fowlks Law Firm routinely defends clients against.

#cta_start

Don't Face Your Charges Alone

Being convicted of burglary could mean facing substantial prison time and a permanent felony record. Safeguard your future by working with a San Antonio burglary defense attorney who knows how to counter the prosecution's case.

Get Free Consultation

#cta_end

Penalties for Burglary in Texas

Burglary carries some of the harshest penalties in Texas criminal law, with sentences ranging from fines and jail time to life imprisonment.

State Jail Felony

Committing burglary of a building could get you 180 days to two years in state jail and fines of up to $10,000. This charge applies to commercial buildings, storage facilities, and other non-residential structures.

Second-Degree Felony

Burglary of a habitation carries two to 20 years in prison and fines of up to $10,000. It’s the standard charge for residential burglaries where no one is home and no weapons are involved.

First-Degree Felony

Burglary of a habitation where someone is present, or where the burglar intends to commit physical or sexual assault, is punishable by five to 99 years or life in prison, as well as fines of up to $10,000. Burglary with a deadly weapon can also trigger first-degree felony charges.

Class A Misdemeanor

Breaking into a vehicle is generally a Class A misdemeanor in Texas, with penalties that include up to one year in jail and $4,000 in fines. However, if the vehicle is a habitation, such as an RV or camper where someone lives, the charges can escalate to burglary of a habitation.

Enhanced Penalties

Along with the aforementioned consequences, there may be enhanced penalties for:

• Previous burglary convictions that trigger habitual offender laws;
• Burglaries committed during declared disasters or evacuations;
• Burglaries of specific locations, such as pharmacies or places of worship;
• Use of explosives or destructive devices during burglaries;
• Injuries to victims during burglaries.

Aggravated burglary charges involving deadly weapons come with mandatory minimum sentences and may eliminate the possibility of probation.

Collateral Consequences

Beyond prison time and fines, burglary convictions can create major life-related obstacles. They include a permanent felony record visible to all employers, loss of voting rights, prohibition on firearm ownership, difficulty obtaining housing, denial or revocation of professional licenses, and immigration consequences, up to deportation for non-citizens.

Moreover, the stigma associated with a burglary conviction can affect your personal and professional relationships indefinitely. That’s why it’s crucial to consult a qualified San Antonio burglary attorney if you’ve been charged with a burglary-related offense.

Possible Defense Strategies for Burglary Cases

Prosecuting burglary charges requires proof of both unauthorized entry and criminal intent, creating numerous opportunities for a robust defense. Here are some of the defenses our team might raise in your case.

Consent and Authorization

Many burglary cases originate with disputes about whether the defendant had permission to enter the property. Attorney Justin M. Fowlks can present evidence that the property owner gave you consent, that you had keys or access codes indicating authorization, or that certain relationships or previous permission created a presumption of invitation.

Lack of Intent

Prosecutors must present proof that you intended to commit theft, assault, or another felony when entering. We’ll show the court that you entered for a legitimate purpose and that there’s no evidence supporting criminal intent, and that prosecutors are therefore only speculating about your motives.

Mistaken Identity

Witness identifications and surveillance footage are prone to ambiguity and can be challenged on those grounds. Our team excels at breaking down unreliable eyewitness testimony, condemning poor-quality surveillance video, and presenting alibi evidence showing that our clients were elsewhere when the alleged offense occurred.

Illegal Search and Seizure

Investigators are forbidden from using any evidence they obtain through unconstitutional searches against you. We’ll look at whether the police had valid search warrants, whether officers exceeded the scope of those warrants, and whether the search was truly consensual.

False Accusations

In some cases, burglary accusations stem from insurance fraud, property disputes, or revenge schemes. Mr. Fowlks will investigate your accusers' motives, consider possible financial incentives for false reports, and present evidence contradicting false claims.

Insufficient Evidence

Ultimately, prosecutors must prove every element of your charges beyond a reasonable doubt. If they rely on weak circumstantial evidence, propose a timeline filled with gaps, or offer assumptions rather than proof, our team can call them on it and potentially bring their case to a halt.

The Legal Process for Burglary Cases

If you’re arrested on burglary charges, here’s how you can expect your criminal case to unfold.