Beyond the Broken Window: Burglary Defense in Austin, Texas

A door left unlocked. A window ajar. A key left under the mat. A moment of poor judgment. In Texas, burglary is not defined by what you took—it is defined by where you went and what you intended. Entering a building without permission, even with no intent to steal, can be charged as burglary. A misunderstanding with a landlord. A visit to an ex-partner’s home. A walk through an unlocked door. Any of these can lead to a felony charge that carries years in prison and a permanent criminal record.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against burglary charges. Whether you are accused of entering a home, a business, or a vehicle without permission, we understand how easily a misunderstanding can escalate into a felony. Our attorneys have spent decades in Travis County courtrooms and beyond, handling theft and property crimes with skill and determination.

We know that burglary cases often hinge on a single question: did you have permission to be there? We know how to challenge the State’s evidence, present proof of consent, and build a defense that keeps a felony off your record. We know that a misunderstanding should not define your future.

If you are facing a burglary charge, you are not alone. Let us help you fight back.

Understanding Burglary in Texas

Under Texas law, burglary is defined as entering a building, habitation, or vehicle without the owner’s consent with intent to commit theft, assault, or another felony.

The Elements:

The State must prove:

• You entered a building, habitation, or vehicle

• Without the owner’s effective consent

• With intent to commit theft, assault, or another felony

Types of Burglary:

• Burglary of a Building: Entering a building (non-residential) without consent with intent to commit a crime

• Burglary of a Habitation: Entering a home without consent with intent to commit a crime (the most serious)

• Burglary of a Vehicle: Entering a vehicle without consent with intent to commit a crime

The Penalty:

• Burglary of a Building: State jail felony (180 days to 2 years)

• Burglary of a Habitation: Second-degree felony (2 to 20 years)

• Burglary of a Habitation with Intent to Commit Assault: First-degree felony (5 to 99 years)

• Burglary of a Vehicle: State jail felony (180 days to 2 years)

For residents across Central Texas, a burglary charge can mean years in prison.

What Is the Penalty for Burglary in Texas?

The penalty for burglary depends on the type of structure entered.

Burglary of a Building:

• State jail felony

• 180 days to 2 years in state jail

• Fine of up to $10,000

Burglary of a Vehicle:

• State jail felony

• 180 days to 2 years in state jail

• Fine of up to $10,000

Burglary of a Habitation (Home):

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Burglary of a Habitation with Intent to Commit Assault:

• First-degree felony

• 5 to 99 years or life in prison

• Fine of up to $10,000

Collateral Consequences:

• Felony Criminal Record: A permanent felony conviction

• Loss of Firearm Rights: A felony conviction results in lifetime prohibition

• Employment: Many employers will not hire individuals with burglary convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

For those in the Austin area, a burglary conviction can change your life forever.

How to Defend a Burglary Charge

Defending against a burglary charge requires a strategic approach. The State must prove you entered without permission and with criminal intent.

Defense 1: You Had Permission to Be There

The most common defense is that you had the owner’s consent to enter. Evidence may include:

• Testimony from the owner

• Text messages or emails granting permission

• A key or code to the property

• Prior pattern of authorized access

Defense 2: You Did Not Enter

The State must prove you actually entered the structure. If you were outside or merely attempted to enter, you may have a defense. Burglary requires entry—not just intent.

Defense 3: No Intent to Commit a Crime

The State must prove you intended to commit theft, assault, or another felony at the time of entry. If you entered for a legitimate purpose—to retrieve belongings, to use the bathroom, to visit—you have a defense.

Defense 4: The Structure Was Not a “Habitation”

For burglary of a habitation, the State must prove the structure was a home. If the structure was a garage, shed, or other non-residential building, the charge may be reduced.

Defense 5: Mistaken Identity

In some cases, the wrong person may have been identified as the burglar. Your attorney can challenge:

• Surveillance footage

• Witness identification

• Physical evidence

Defense 6: Unlawful Search or Arrest

If the evidence was obtained through an illegal search or arrest, your attorney can file a motion to suppress.

For those in Central Texas, a strong defense can mean the difference between a felony conviction and a dismissal.

Permission: The Heart of the Case

Burglary cases almost always turn on one question: did you have permission to be there? If you did, you are not guilty. If you reasonably believed you did, you are not guilty.

What Counts as Permission:

• Verbal permission from the owner

• Written permission (texts, emails)

• Implied permission (you have been there before)

• A key or code to the property

What Does NOT Count as Permission:

• The door was unlocked (this is not permission)

• The window was open (this is not permission)

• You intended to return it (this is not a defense)

Proving Permission:

Your attorney can gather evidence of permission, including:

• Witness testimony

• Text messages and social media communications

• Phone records

• The owner’s own statements

For residents across the Austin metro area, proving permission is often the key to the defense.

Habitation vs. Building: The Critical Distinction

The distinction between burglary of a habitation (home) and burglary of a building is critical. One is a second-degree felony (2 to 20 years); the other is a state jail felony (180 days to 2 years).

What Is a Habitation:

• A home

• An apartment

• A room where people sleep

• Any structure adapted for overnight accommodation

What Is a Building:

• Commercial property

• Storage units

• Garages

• Sheds

• Any structure not used as a home

Why the Distinction Matters:

Burglary of a habitation carries much harsher penalties. If you entered a garage or shed, the charge should be burglary of a building, not habitation.

For those in the Austin area, challenging the classification of the structure can reduce a felony to a much lower level.

Burglary of a Vehicle

Burglary of a vehicle is a state jail felony—the lowest level of burglary offense. It involves entering a vehicle without permission with intent to commit theft.

The Elements:

• You entered a vehicle

• Without the owner’s consent

• With intent to commit theft

Defending Vehicle Burglary:

• No Entry: You did not actually enter the vehicle (opening a door is not entry)

• Permission: You had permission to be in the vehicle

• No Intent: You did not intend to steal anything

The Danger:

A moment of curiosity—looking into an unlocked car—can lead to a felony charge.

For residents across Central Texas, vehicle burglary is a serious charge that requires an aggressive defense.

The Intent Requirement

The State must prove you intended to commit theft, assault, or another felony at the time of entry. Intent can be inferred from the circumstances, but it can also be challenged.

What the State May Use to Prove Intent:

• Prior statements

• The time of day

• The manner of entry

• Whether you were carrying tools or weapons

Defending Intent:

• No Intent: You entered for a legitimate purpose

• Circumstantial Evidence: The State’s evidence is insufficient to prove intent

• Mistaken Impression: You believed you had permission to be there

For those in the Austin metro area, challenging intent is often the key to reducing or dismissing the charge.

Deferred Adjudication for Burglary

For first-time offenders, deferred adjudication may be available for burglary charges—even for felonies.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include community service, fines, restitution, and other requirements

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior felony convictions

• The case does not involve violence or other aggravating factors

For residents across Central Texas, deferred adjudication is often the goal in a burglary case.

Frequently Asked Questions About Burglary in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about burglary charges. Here are the answers to the most common inquiries we receive.

What is the penalty for burglary in Texas?

Burglary of a building or vehicle is a state jail felony (180 days to 2 years). Burglary of a habitation is a second-degree felony (2 to 20 years). Burglary of a habitation with intent to commit assault is a first-degree felony (5 to 99 years).

What is the difference between burglary and theft?

Burglary is entering a structure without permission with intent to commit a crime. Theft is taking property without permission. Burglary does not require that you actually take anything.

What if I had permission to be there?

If you had permission to be on the property, you are not guilty of burglary. Your attorney can present evidence of permission.

What if I entered but did not take anything?

Burglary does not require that you take anything. The crime is the entry with criminal intent—not the theft itself.

Can I get deferred adjudication for burglary?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

What if I was intoxicated?

Intoxication is not a defense to burglary. However, it may affect the intent element.

Do I need an attorney for a burglary charge?

Yes. Burglary is a felony that can result in years in prison and a permanent criminal record. An experienced attorney can challenge the evidence and seek deferred adjudication.

Why Barton & Associates for Burglary Defense in Austin

Burglary cases often hinge on a single question: did you have permission to be there? Our attorneys have spent decades in courtrooms across Central Texas, handling theft and property crimes with skill and determination. We know how to gather evidence of permission, challenge the State’s case, and fight to keep a felony off your record.

We understand that a misunderstanding should not define your future. We are here to help you fight back.

Take the First Step Toward Protecting Your Future

If you are facing a burglary charge, your freedom and your future are on the line. A felony conviction can affect your employment, your housing, and your rights for the rest of your life. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping a felony off your record.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)