Burglary with Intent to Commit Sexual Assault
Burglary crimes are persecuted harshly in the State of Texas. Burglary offenses that involve sexual assault, however, are assigned steeper punishments. Burglary with intent to commit sexual assault is classified as a first-degree felony.
To counter a charge of burglary, you will need a skilled defense lawyer with vast experience in criminal law. If you have been arrested for burglary accusations, contact The Law Office of Jackson F. Gorski. The time to begin your case and start prepping your defense is now.
Texas Burglary with Intent to Commit Sexual Assault Attorney, Austin
At The Law Office of Jackson F. Gorski, criminal defense attorney Jackson Gorski has years of experience helping defendants charged with burglary and sex crimes. If you have been arrested for this offense in Texas, allow him to advocate on your behalf. Mr. Gorski takes pride in his refusal to back down from challenging cases.
To receive assistance in your case today, call 512-960-4646 to schedule a free consultation. The Law Office of Jackson F. Gorski also represents individuals throughout Travis County, Bell County, Hays County, Williamson County, Caldwell County, Bastrop County, Milam County, and Blanco County.
Information Center
- Burglary with Intent to Commit Sexual Assault in TX
- Penalties for Burglary with Intent to Commit Sexual Assault
- Defenses for Burglary with Intent to Commit Sexual Assault
- Statute Of Limitations
- Additional Resources
Burglary with Intent to Commit Sexual Assault in TX
Burglary is a crime that some people confuse with robbery. Robbery is the taking and transporting of someone else’s property by force or threat of force. Burglary is different. It occurs when an individual enters someone’s place of residence without permission and with intent to commit a felony while inside.
Under Texas law, an individual commits burglary if:
- They enter someone else’s habitation with the intent to commit theft, assault, or felony.
- They remained concealed in someone’s habitation with the intent to commit theft, assault, or felony.
- They enter into a section of someone else’s dwelling that’s open to the public and try to commit theft, assault, or a felonious offense.
Typically, burglary is a second-degree felony. However, burglary with the intent to commit sexual assault is a first-degree felony. An individual accused of this crime should immediately speak with a seasoned Texas criminal defense lawyer.
Penalties for Burglary with Intent to Commit Sexual Assault
Texas prosecutes sex crimes similarly. Most come with a maximum of twenty-five years in state prison. That’s a worst-case scenario. Yet, punishment can increase depending on the severity of the sexual offense, whether the offender is a habitual offender, and whether someone died in the commission of the crime. An individual may find themself serving life behind bars if they don’t have a skilled attorney at their side.
Typically, burglary with the intent to commit sexual assault comes with a maximum sentence of 99 years imprisonment because it’s a first-degree felony. Additionally, a judge may order a fine of up to $10,000.
Defenses for Burglary with Intent to Commit Sexual Assault
There are defenses at the accused person’s disposal. Sometimes, the defense won’t eliminate all belief that the accused person is guilty of a crime. Instead, a defense may reduce the crime to a lesser degree so that the sentence is lighter. For example, an attorney may argue that the individual never intended to commit sexual assault. If successful, this offense would drop to second-degree and come with a sentence range of two to twenty years. But there are other defenses. Common defenses to avoid a lengthy burglary conviction are:
- Mistake of identity
- Mistake of fact (e.g., believing no one lived or used the dwelling)
- Lack of intent
- Not a habitation (e.g., it was a building, so the charge should only be a state jail felony)
- False accusation
Statute Of Limitations
The statute of limitations covers the range of time that the alleged victim and prosecutor have to file charges. The clock starts once the victim discovers the individual’s crime. Once the statute of limitations expires, an individual no longer has to worry about this offense coming back to haunt them if they did commit it. Yet, it’s uncommon for victims to let the statute of limitations run out before they press charges. For this offense, the state has twenty years to prosecute an individual.
Additional Resources
Texas Penal Code Offenses By Punishment Range – The Texas Attorney General’s website provides this document listing the punishment range for common felonies and misdemeanors in Texas.
Texas Penal Code Title 7 Chapter 30 – The Texas Statutes’ website provides this description of the legal definitions and elements of burglary with the intent to commit sexual assault.
Austin Burglary with Intent to Commit Sexual Assault Lawyer, TX
If you have been arrested for burglary with intent to commit sexual assault, this offense can be treated harshly by the Texas court system. Thankfully, in a stressful situation like this, you can turn to criminal defense lawyer Jackson Gorski to represent you. Mr. Gorski at The Law Office of Jackson F. Gorski is committed to fighting for people accused of burglary and sex crimes in Texas.
To discuss all of your legal options, contact The Law Office of Jackson F. Gorski at 512-960-4646. If you reside in Austin, Georgetown, Jollyville, Lockhart, Round Rock, Kyle, Lakeway, Cedar Park, Anderson Mill, Taylor, Canyon Lake, or Seguin, TX, allow Mr. Gorski to advocate on your behalf.
