Charged with Burglary in Austin, TX?
Call Attorney Jackson F. Gorski As Soon As Possible!
Burglary is a serious theft offense that’s harshly prosecuted in Texas. Burglary charges are serious because the offense is frowned upon by jurors and judges alike. They tend to put themselves in the shoes of the victim rather than presuming the innocence of the accused as they should be doing.
To look at it from their perspective, the most frightening experience a person can have is to hear someone walking around in their home when no one is supposed to be up walking around.
Just as startling, is coming home to a front door kicked in or a window broken, only to find out that your place was burglarized and intruded by a stranger. Jurors and judges tend to look at burglary cases from that perspective, making the need for articulate defense counsel paramount.
Attorney Jackson F. Gorski knows how to approach prosecutors, judges, and jurors when defending fellow Texans that find themselves accused of burglary.
Not everyone charged with burglary is guilty.
The courts, judges, and jurors understand this.
If you need to secure legal consultation to fight a burglary charge in Austin, call Jackson Gorski at 512-960-4646. The Law Office of Jackson F. Gorski offers flexible payment options, jail release services, and aggressive, yet effective legal representation. Click here to get started.
Understanding Burglary Offenses
Prior to a court convicting a defendant of burglary, prosecutors must prove that the person committed the crime. Allegations alone won’t suffice. The state of Texas must prove beyond a reasonable doubt that a person entered into a building for the purpose of committing a felony. Burglary charges will also apply if a person remains inside of a structure until everyone leaves.
Ultimately, if a prosecutor does not have hard evidence that a person has committed a burglary; they’ll have to pursue another charge. An example of an alternative charge to burglary could be an offense as minor as trespassing.
Burglary & Texas Law
Per Texas law, if a person enters a home, building, or habitation that’s closed to the public without the permission of the owner with the intent to commit assault, theft, or another felony, the crime of burglary has occurred. A person who remains concealed in a building for the same purpose(s) have also committed the crime of burglary.
This standard of burglary also applies to motored vehicles, railroad train cars, coin-operated machines, similar devices and properties, home invasions, and kick-door events.
Prosecutors and judges must also consider the defendant’s state of mind or intent when they entered into the building. A great example of why “intent” is important is, for example, let’s say it’s freezing cold, and a person broke in to remain warm, that won’t qualify as a burglary offense. It must be proven that the defendant intended to commit theft, an assault, or another felony when they went inside. This too can be a problem if there’s not enough evidence to determine a person’s motive for burglarizing a premise.
Penalties Associated with Convictions
Most courts will administer judgment of a burglary based on the evidence, the motives and the nature of the offense. When a person commits a burglary inside of a home (home invasion) to steal or to assault someone, the offense is classified as a 2nd Degree Felony. In some cases, the defendant can be charged with a State Jail Felony.
Burglary can be classified as a First Degree Felony if Travis County prosecutors can prove the motive for entering a structure was to perform a felonious act other than stealing. If convicted of a 1st Degree Felony, it can mean a life sentence.
If a person burgles a vehicle they’ll be charged with a Class A Misdemeanor, unless they have 3 prior offenses, then their case can and likely will be enhanced to a State Jail Felony offense.
The State of Texas can administer a punishment of 6 months to 2-years in a state jail for people charged a with State Jail Felony. They can also be liable to pay a fine of up to $10,000.
Burglary of a habitation is classified as a 2nd Degree Felony which can mean a prison sentence of 2-to-20 years plus a sizable fine.
Persons convicted of burglarizing a building other than a home/habitation will have their cases classified as a 3rd Degree Felony which could result in a 2-to-10 with a fine of up to $10,000.00.
You Have a Constitutional Right to a Defense
Contact Attorney Jackson F. Gorski & Take Advantage of it
Attorney Jackson F. Gorski will evaluate your situation from a legal perspective to either get you a reduce sentenced, or to have the prosecutor to reduce or dismiss the charge. If your situation warrants it, we can take your case to a full-blown trial complete with jury selection and expert testimony.
Regardless of your guilt or innocence, your best option is to retain The Law Office of Jackson F. Gorski or that of another theft crimes lawyer in Austin as soon as possible. Even if you’re guilty and they caught you red-handed and have insurmountable evidence, having a solid legal defense could mean the difference between being sentenced to 2 years and being sentenced to 20.
Attorney Jackson F. Gorski defends individuals facing criminal charges in jurisdictions surrounding Travis County such as Caldwell County, Bastrop County, Williamson County, Llano County, Hays County, and Burnet County. If you need help, and you will if you’re accused of being a burglar and are facing criminal charges, call 512-960-4646 today.