Burglary

Texas Burglary Overview

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If you are currently under investigation for burglary in Texas, you are facing potential prison time, fines, and a permanent mark on your criminal record which can have an adverse effect on your personal and professional reputation. With the stakes this high, you need an aggressive lawyer that will protect your rights and future from beginning to end.

With more than three decades of legal experience, The Law Office of Shane Phelps, P.C. understands what it takes to either reduce the charges our clients face or get their entire case dismissed. Our Bryan and College Station criminal defense attorneys have successfully handled misdemeanors and felonies, and has established themselves as a compassionate and trustworthy firm.

Burglary Law & Penalties

In Texas, burglary is defined as doing one of the following actions without the property owner’s consent:

  • Entering a habitation, building, or any part of a building not open to the public with the intent to commit a felony, a theft, or an assault.
  • Remaining hidden in the habitation or building with the intent to commit a felony, a theft, or an assault.
  • Entering a habitation or building and committing or attempting to commit a felony, a theft, or an assault.

If burglary is committed in a building other than a habitation, it is a state jail felony that is punishable by a maximum jail sentence of two years. If burglary is committed in a habitation, it is a second-degree felony that results in a prison sentence ranging from two to 20 years. If a burglary occurs in a habitation and any party to the offense entered with the intent to commit or attempt to commit a felony other than theft, it is a first-degree felony that is punishable by a maximum prison sentence of 99 years.

Lastly, burglary of a vehicle is a Class A misdemeanor, which carries a maximum jail sentence of one year. If, however, the offender has a criminal record including two or more similar charges, the charge can be elevated to a state jail felony.

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Whether you are innocent, admit your mistake, or hoping for a lenient sentence, we may be able to help. Do not hesitate to let our experienced legal team protect your rights and future right away.

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Client testimonials

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  • “He immediately assured me (panicked mother) that he would guide my son and I through this Class B misdemeanor. He did indeed!”

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  • He's very knowledgeable, professional and sincere. I would recommend Shane to any and everyone.

    “Our son committed what we considered a major crime. Shane was recommended by the bail bondsman. We called and actually got to see him the same day. We had our day in court, which was a simple in and ...”

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  • He was able to not only have the charges dismissed, but completely expunged from my son's record.

    “Working with Mr. Shane Phelps is the absolute best decision I made when I was in need of an attorney for my son. Mr. Phelps was extremely helpful in guiding me through the entire process of my son's ...”

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  • Not only very knowledgeable but he is very kind and compassionate

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Striving for Favorable results

  • Both Charges Dismissed 2 counts of Aggravated Assault
  • Case dismissed Criminal Trespass - Property
  • Motion to Adjudic dismissed. Probation completed Motion to Adjudicate on Possession of Marijuana 4oz. - 5 lbs
  • Refused Possession of False ID
  • Refused following our investigation Furnishing Alcohol to a Minor (Class A)
  • Reduced to Class C Misdemeanor Criminal Trespass to Habitation (Class A)
  • Refused Aggravated Kidnapping (1st Degree)
  • Reduced Possession of Marijuana
  • Dismissed Theft $20,000-$100,000 (3rd Degree)
  • Reduced Driving While License Suspended
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Benefits of Hiring Our Firm

  • 24/7 Availability
  • Free Case Consultations
  • Award-Winning & Recognized Counsel
  • Former Prosecutor Experience
  • Board Certified Criminal Defense Specialist Since 1992 by the Texas Board of Legal Specialization
  • Over 30 Years of Legal Experience

Shane Phelps' Accomplishments