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Last Modified on Apr 04, 2026
Burglary is yet another serious offense in Texas that can result in lifelong consequences. Unlike simple theft, burglary is the act of entering a home or business without permission and with the intent to commit a crime once inside. Prosecutors are known to treat these cases very aggressively. This is why it’s important to understand Texas burglary laws, especially if you have been accused and need to defend yourself in court.
Hire a Burglary Lawyer Today
At Harris & Harris Law Group, PLLC, we understand the overwhelming nature of being accused of a burglary charge and the uncertainty that comes with it. However, you can feel confident that when you hire a burglary lawyer, you are taking a strong first step toward protecting your rights. As seasoned Texas burglary attorneys, our firm commits to providing the personal attention your case needs to defend your rights and get the job done right the first time around.
Understanding Burglary Under Texas Law
Despite popular belief, burglary is more than just stealing something. It involves the unlawful entry of someone else’s personal property with the intent to commit theft, assault, or another felony once inside. The state of Texas takes these accusations very seriously, as they not only threaten someone’s property but also their personal safety.
If you have been accused of this crime, a Texas burglary attorney can help you better understand the specifics of your case and how it applies under the state’s statutes. They can also help you select which defense would be a strong fit for your case. Some key factors in burglary charges often include:
- Location of the offense: Homes, businesses, and vehicles can all qualify
- Intent: It’s the role of the prosecutor to prove you entered the home with the intent to commit a crime
- Use of force: Breaking locks, doors, or windows can escalate the charge
- Presence of others: Burglary while someone is home can also bring harsher consequences, especially if the victim makes a case of emotional distress from the experience
Trends in Burglary Cases Across Texas
Burglary continues to be a persistent issue throughout Texas. While the data on its prevalence fluctuates, the statistics show just how closely these crimes are tracked in Texas. For example, in the city of Victoria, there were 110 burglaries reported in 2024. It’s a significant number for a small area of the state.
In Austin, burglary cases increased by 6% one year, with a rate of 499 per 100,000 residents. However, when looking at statewide figures from 2023, burglary charges dropped from 339.1 incidents per 100,000 residents in 2022 to 303.4 in 2023.
What these numbers suggest is that burglary charges remain a real risk in Texas communities, both large and small. Wherever you live in the state, it’s important to be aware of these figures, as prosecutors often highlight trends to justify pursuing convictions aggressively. It’s your role, along with your defense attorney, to counter these trends and data with your own evidence, aiming to reduce or dismiss the charges you face.
Why Legal Representation Matters in Burglary Cases
The difference between being convicted or acquitted of the charges you face often comes down to whether you have experienced legal counsel in your corner or not. This is because it’s the role of the attorney to question whether prosecutors truly proved intent or if the evidence points to a less severe charge, like simple trespassing. When you hire an attorney, they can:
- Review the evidence for weakness or constitutional violations
- Explore alternatives such as plea deals or probation
- Work to reduce or eliminate charges by protecting you from the highest penalties
- Keep you informed throughout the process so you can make informed decisions each step of the way
FAQs
What Is the Burglary Law in Texas?
Burglary generally refers to entering someone else’s home or vehicle without a) having their permission and b) planning to commit a crime, like stealing or assaulting someone. It’s a different charge from trespassing because prosecutors must also show that there was intent to commit an additional offense other than just unlawfully entering. Depending on the circumstances, burglary can range from a state jail felony to a first-degree felony.
What Is the Difference Between Burglary and Robbery?
Many people confuse burglary with robbery, but the two crimes are very different. While burglary is more focused on unlawful entry with the intent to commit a crime, robbery involves directly confronting someone and taking property using force. You could face burglary charges even if nothing was stolen, while robbery requires there to be an actual encounter with a victim.
How Serious Are Burglary Penalties in Texas?
Burglary penalties can be very serious in Texas, depending on whether the alleged offense involves a residence, business, or vehicle, and what other crimes happened at the same time. Even at the lower levels, penalties often include jail or prison time, large fines, and a permanent mark on your criminal record. Courts also consider aggravating factors, such as whether someone was inside the home at the time of the incident or if weapons were involved.
What Should I Do if I’m Accused of Burglary but Didn’t Steal Anything?
Even if you have been accused of burglary and there is no evidence you stole something, you still risk facing consequences if the prosecution can prove you entered with criminal intent. First, avoid speaking to law enforcement until you have an attorney present. You should avoid saying anything that could further incriminate yourself. Then, work with your defense lawyer to examine the evidence and see if intent can truly be proven or if the charge is overblown.
Contact Harris & Harris Law Group, PLLC, Today
If you have been charged with burglary in Texas and are unsure of your next steps, contact our firm today. We have decades of experience helping vulnerable individuals with these charges and would be honored to strategize with you to help reduce the impact this case has on your life. We’re looking forward to meeting and sharing more about how we can help.
