San Antonio Burglary Defense Lawyers – Fighting Serious Felony Charges to Protect Your Future

Understanding the Severity of a Burglary Charge in Texas

Facing a burglary charge in Texas is not a minor legal matter—it is a serious felony offense that carries the potential for years in state prison and a permanent criminal record. At Barton & Associates, we understand that burglary charges often arise from situations more complex than they initially appear: misunderstandings about property lines, mistaken accusations, or alleged acts committed under duress or during moments of personal crisis. What many people do not realize is that under Texas law, you can be charged with burglary even if nothing was stolen and you had no weapon. The mere act of unlawfully entering a structure with intent to commit a felony, theft, or assault constitutes the crime. Prosecutors treat these cases aggressively, viewing them as violations of personal security and safety. The consequences of a conviction extend far beyond incarceration, affecting every aspect of your future. From the moment you are under investigation, you need an equally aggressive and strategic defense, which is exactly what Barton & Associates provides.

What Constitutes Burglary Under Texas Law?

Texas Penal Code § 30.02 defines burglary with specific elements that the prosecution must prove beyond a reasonable doubt. Understanding these elements is the first step in building an effective defense.

A person commits burglary if, without the effective consent of the owner, they:

1. Enter a habitation, building, or any portion of a building not open to the public; AND
2. Do so with intent to commit a felony, theft, or an assault at the time of entry.

Alternatively, a person commits burglary if they:

• Remain concealed in a building or habitation with intent to commit a felony, theft, or assault.
• Enter a building or habitation and commit or attempts to commit a felony, theft, or assault.

Key Legal Definitions That Matter:

• Habitation: A structure or vehicle adapted for overnight accommodation (house, apartment, RV, even a tent being used for shelter).
• Building: Any enclosed structure intended for use or occupation.
• Effective Consent: Consent must be given freely and not obtained by force, threat, or deception. Entering a business during public hours is with consent; hiding until after closing and then taking items is burglary.
• Intent: This is the critical, intangible element. The state must prove what you were thinking at the moment of entry. They often use circumstantial evidence (like tools, your actions inside, or items in your possession) to argue intent.

The Severe Penalties for a Burglary Conviction in Texas

Burglary is always a felony in Texas, and the penalties escalate dramatically based on the type of property entered and the circumstances of the offense.

Enhancements to a First-Degree Felony occur if:

• The defendant committed or attempted to commit a felony other than theft (e.g., assault, sexual assault) during the burglary.
• The defendant used or threatened to use a deadly weapon during the burglary.

The Lifelong Collateral Consequences

Beyond prison, a burglary conviction creates a permanent violent felony record that acts as a life sentence of its own:

• Employment: Most employers conduct background checks and will reject applicants with felony convictions, especially for property crimes.
• Housing: Landlords routinely deny housing to felons.
• Professional Licensing: Licenses for nursing, law, real estate, cosmetology, and virtually any state-regulated profession will be denied or revoked.
• Loss of Rights: You lose the right to vote, serve on a jury, and own firearms.
• Immigration Status: For non-citizens, a felony conviction almost guarantees deportation.
• Social Stigma: The label “burglar” carries a profound social stigma that damages personal relationships and community standing.

Common Defense Strategies for Burglary Charges

At Barton & Associates, we attack the prosecution’s case at its weakest points. Every defense is tailored, but common successful strategies include:

• Challenging the Element of “Entry”: Did you actually enter the structure? Was a window or door already open? The state must prove unlawful entry beyond a reasonable doubt.
• Disputing the “Intent” to Commit a Crime: This is often the most defensible element. Why were you there? We present evidence of mistake, lack of criminal purpose, or permission. Perhaps you entered a former residence to retrieve personal belongings, believed you had consent to enter a building, or were seeking shelter. Without proof of criminal intent at the moment of entry, the charge should fail.
• Asserting a Claim of Right or Ownership: If you had a good-faith belief that you had a right to enter the property or take the items (e.g., a landlord-tenant dispute, a business partnership gone sour), this can negate the required criminal intent.
• Suppressing Unlawfully Obtained Evidence: If the police discovered evidence through an illegal stop, search, or seizure in violation of your Fourth Amendment rights, we file a motion to suppress. If key evidence is thrown out, the state’s case may collapse.
• Alibi and Misidentification Defense: We work to prove you were somewhere else at the time of the burglary. We also challenge unreliable eyewitness identification, which is a leading cause of wrongful convictions.
• Negotiating for a Reduced Charge: In cases with mitigating circumstances or weaker evidence, we negotiate aggressively for a reduction to a lesser offense like criminal trespass (a misdemeanor) or theft, which carry far lower penalties and avoid the “burglary” label.

Why Immediate Action is Critical: The First Steps to Take

The decisions you make in the hours and days after an accusation can define your entire case. The prosecution begins building its file immediately; you must begin building your defense just as fast.

1. Exercise Your Right to Remain Silent. Do not speak to police, investigators, or property owners. Anything you say—including explanations you believe are helpful—can be taken out of context and used to establish intent or consciousness of guilt. Politely state, “I will not answer questions without my attorney present.”
2. Preserve All Potential Evidence. Do not delete text messages, emails, or social media posts. If you have any evidence supporting your reason for being at the location (e.g., a text about retrieving items, a work order), preserve it.
3. Document Your Recollection. Write down everything you remember about the incident, including your reasons for being at the location, who you were with, and what was said by anyone present. Do this while your memory is fresh.
4. Contact a Defense Attorney Immediately. Early intervention is paramount. At Barton & Associates, we can often intervene before formal charges are filed. We immediately work to secure your release on bond, conduct our own parallel investigation, interview witnesses, and begin challenging the state’s narrative from day one.

Why Choose Barton & Associates for Your Burglary Defense?

Facing a felony charge requires a law firm with specific experience, resources, and a track record of success in Texas courtrooms.

• Former Prosecutorial Insight: Our attorneys who previously served as prosecutors understand exactly how the state builds burglary cases. We know the tactics they use to prove “intent” and where their arguments are most vulnerable.
• Strategic and Aggressive Representation: We are trial lawyers. We prepare every case as if it is going to trial, which gives us maximum leverage in negotiations. We do not simply advise clients to plead guilty; we fight for dismissals, acquittals, and reductions.
• Thorough Investigation: We go beyond the police report. We visit the alleged crime scene, hire private investigators if needed, review all surveillance footage, and seek out witnesses the police may have overlooked.
• Compassionate Client-Centered Approach: We understand the fear and stress you are under. We will guide you through the process, explain every step in clear terms, and fight relentlessly to protect your future.

Your Future Is at Stake. Contact Us Today.

A burglary charge is a life-altering event. The potential for a decades-long prison sentence and a permanent felony record is real. Do not make the mistake of underestimating the charge or hoping for a lenient outcome without a fight.

Do not speak to authorities. Do not wait for your court date.

Contact Barton & Associates today at 210-500-0000 for a confidential and thorough case evaluation. We will listen to your story, explain the charges and potential defenses, and immediately begin building the powerful defense you need to protect your freedom and your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000