Burglary charges are among the most serious property-related crimes in Texas, carrying significant legal consequences. At the heart of many burglary cases lies the question of intent: Did the accused knowingly and purposefully intend to commit a crime? Prosecutors focus heavily on proving intent because it can be the deciding factor between a conviction and a dismissal or acquittal. Understanding how intent is proven in burglary cases under Texas law and how a defense lawyer can challenge these efforts is key for anyone facing such charges.
Texas burglary laws, definitions, and penalties
Under the Texas Penal Code, burglary occurs when a person:
- Enters a building or habitation without the owner’s consent, with the intent to commit theft, assault, or another felony.
- Remains concealed within a building or habitation without consent and with the intent to commit theft, assault, or another felony.
The statute distinguishes between buildings and habitations, with harsher penalties applied to crimes involving habitations (places where people live). Burglary of a habitation is typically charged as a second-degree felony, punishable by 2 to 20 years in prison, and can escalate to a first-degree felony under certain circumstances. Burglary of a building, such as a business, is generally a state jail felony, with penalties of 180 days to 2 years in a state jail facility.
Because intent is an element of the crime, prosecutors must show that the accused entered or remained in a location unlawfully and that they intended to commit a further crime once inside.
How prosecutors prove intent in burglary cases
Intent is a mental state, making it one of the more challenging aspects to prove in a burglary case. Since prosecutors cannot read minds, they rely on circumstantial evidence to establish intent. This includes:
- Statements or Admissions: If the accused makes statements to law enforcement suggesting they planned to steal or harm someone, prosecutors will use this as evidence.
- Possession of Tools: The presence of burglary tools, such as crowbars or lockpicks, may be presented as evidence of intent to break in and commit theft or another crime.
- Behavior and Actions: Surveillance footage, witness testimony, or other evidence showing suspicious activity, such as lingering near the property or fleeing when confronted, can be interpreted as signs of intent.
- Items Found: Possession of items taken from the property or attempts to conceal stolen goods can suggest intent to commit theft.
Prosecutors may also try to connect the accused to similar past crimes, arguing that a pattern of behavior indicates intent. However, these arguments are not always foolproof and can be challenged by a skilled defense lawyer.
What a criminal defense lawyer can do to fight back
Facing burglary charges in Texas is daunting, but an experienced criminal defense lawyer can create a strong defense by questioning the prosecution’s evidence and methods. Potential defense strategies include:
- Challenging Evidence: A defense lawyer may argue that the prosecution’s evidence is insufficient or obtained unlawfully.
- Disputing Intent: The lawyer can present alternative explanations for the accused’s actions, such as mistaken entry or lack of criminal purpose.
- Questioning Witnesses: Cross-examining witnesses to expose inconsistencies or biases can weaken the prosecution’s case.
- Highlighting Reasonable Doubt: Texas law requires the prosecution to prove guilt beyond a reasonable doubt, including intent. A defense lawyer can show that the evidence fails to meet this standard.
The single most important step is to consult a lawyer who can guide you through the legal process, explain your rights, and build a defense tailored to your case. The earlier a lawyer becomes involved, the more opportunities there are to gather evidence, craft a defense, and potentially negotiate for reduced charges or a dismissal. A lawyer can provide critical assistance at every stage of the case, from handling pretrial matters to presenting a robust defense in court.
Contact a criminal defense lawyer for a free consultation
Attempting to navigate the legal system without professional guidance puts your future at risk. Our legal team knows the ins and outs of the Texas legal system. With her experience as both a criminal defense lawyer and a former prosecutor in Montgomery County, Texas, Attorney Amanda Webb can dig deep to find any weaknesses in the prosecution's case and fight to protect your rights.
With the right defense strategy, it is possible to protect your rights, challenge the evidence, and work toward the best possible outcome. If you were charged with burglary or related charges, contact The Webb Firm, P.C. for a free consultation.
"Amanda Webb is an exceptional attorney who is intelligent, highly skilled, and has an insider's experience as a prosecutor while being an assistant DA for Montgomery County. She was there during one of the most troubling and frustrating experiences of my life. She conducted a thorough check on my case and went to work. She was as determined as I was to get the case thrown out, which she accomplished with diligence, patience, and hard work. I was blessed to find her. I would not hesitate to recommend her to family and friends. She fought for me and won." - Jim P., ⭐⭐⭐⭐⭐
