Burglary Attorney Dallas
» Print This PageFacing a Burglary Charge in Dallas? You Could Be Looking at Up to 20 Years in Prison.
A burglary charge in Dallas is not a minor legal problem.
It is a felony-level criminal charge that can result in years behind bars, a permanent criminal record, and consequences that follow you for the rest of your life.
Under Texas Penal Code Section 30.02, a person commits burglary by entering a habitation or building without the owner’s consent with the intent to commit a felony, theft, or an assault.
The prosecution does not have to prove that anything was actually stolen.
Under Texas law, even reaching a hand or a physical object connected with your body through an open window can be enough for a burglary charge if the state can prove the alleged intent to commit a crime.
Burglary of a habitation is classified as a second degree felony, carrying 2 to 20 years in prison and fines up to $10,000.
If the prosecution alleges the intent was to commit a felony other than theft, the charge escalates to a first degree felony with 5 to 99 years or life in prison.
Even burglary of a building that is not a home is a state jail felony punishable by 180 days to 2 years in a state jail facility.
Dallas County prosecutors aggressively pursue burglary cases, and without experienced legal representation, defendants face the full weight of the state’s case.
An experienced burglary lawyer who understands Dallas County courts and criminal law can mean the difference between prison time and keeping your freedom.
How Michael Lowe Can Help You Fight Burglary Charges in Dallas
When you are facing a burglary charge, you need a criminal defense attorney who will dismantle the prosecution’s case and fight to get your charges reduced or dismissed.
Michael Lowe provides aggressive criminal defense for clients accused of burglary offenses in Dallas County and throughout Texas.
Burglary of a Habitation
Burglary of a habitation is one of the most serious burglary crimes under Texas law, classified as a second degree felony carrying 2 to 20 years in prison.
Michael Lowe examines every element of the charge, from whether unlawful entry actually occurred to whether the prosecution can prove the alleged intent beyond a reasonable doubt.
Burglary of a Building
When the alleged burglary involves unlawfully entering a commercial building or non-residential structure, burglary is classified as a state jail felony carrying 180 days to 2 years in a state jail facility.
Michael Lowe investigates whether the prosecution can prove the defendant entered without the property owner’s consent and with specific criminal intent.
Burglary of a Vehicle
Burglary of a vehicle is typically a Class A misdemeanor punishable by up to one year in county jail and up to a $4,000 fine.
However, if the defendant has two or more prior convictions, the charge escalates to a state jail felony, and if the intent involved theft of a controlled substance, it becomes a third degree felony.
Criminal Trespass Defense
In many burglary cases, a strong defense strategy involves demonstrating that the facts support a lesser offense of criminal trespass rather than a burglary conviction.
Criminal trespass requires only that a person entered or remained on someone else’s property without consent, with no requirement to prove intent to commit a crime.
Challenging the Prosecution’s Evidence
The prosecution must prove guilt beyond a reasonable doubt in every burglary case.
Michael Lowe scrutinizes whether law enforcement had probable cause for the arrest, whether evidence was obtained through an illegal police search, and whether eyewitness identifications hold up under cross-examination.
A Former Prosecutor Who Knows How Dallas County Builds Burglary Cases Against You
Michael Lowe spent years inside the Dallas County District Attorney’s office as a prosecutor, understanding exactly how the government builds burglary cases from the ground up.
His Board Certification in Criminal Law by the Texas Board of Legal Specialization since 2007 places him in a small percentage of Texas attorneys who have met the state’s highest standards for criminal defense practice.
This means that when a Dallas County prosecutor reviews your case file, they know the defense attorney on the other side has the credentials, the trial experience, and the prosecutorial insight to challenge every piece of evidence.
With over 150 jury trials of experience and 100% of his practice dedicated to criminal defense, Michael Lowe brings courtroom credibility that general practice attorneys cannot match in serious burglary cases.
Every Day You Wait to Call a Burglary Lawyer Gives the Prosecution More Time to Build Their Case Against You
Your freedom, your future, and your criminal record are on the line.
Michael Lowe offers a free, confidential consultation to review your situation and explain your legal options.
Call (214) 526-1900 today to speak with a Board Certified burglary lawyer in Dallas who has the trial experience and prosecutorial background to fight your burglary charge.
The sooner you act, the stronger your defense.
Call now.
Frequently Asked Questions About Burglary Charges in Dallas
What is the difference between burglary and criminal trespass in Texas?
Burglary requires proof that a person entered a habitation or building without the owner’s consent and had the intent to commit a felony, theft, or assault. Criminal trespass only requires unauthorized entry or remaining on property without permission. An experienced burglary attorney may be able to get charges reduced to criminal trespass based on the facts of the case.
Can I be convicted of burglary even if nothing was stolen?
Yes. Under Texas law, a person commits burglary based on the intent to commit a crime at the time of entry, not whether the alleged crime was completed. The prosecution can pursue a burglary conviction as long as they prove the alleged intent beyond a reasonable doubt.
What penalties does a burglary conviction carry in Texas?
Burglary of a habitation is a second degree felony carrying 2 to 20 years in prison. If the intent involved a felony other than theft, it becomes a first degree felony with 5 to 99 years or life. Burglary of a building is a state jail felony carrying 180 days to 2 years. Burglary of a vehicle is a Class A misdemeanor with up to one year in county jail.
How can a burglary conviction affect my future?
A burglary conviction creates a permanent criminal record that can affect employment, housing, certain professional licenses, and your right to possess a firearm. The consequences of a criminal history extend far beyond the prison sentence itself.
What defense strategies are used in Dallas burglary cases?
Common comprehensive defense strategies include challenging evidence of criminal intent, demonstrating mistaken identity, arguing the defendant had the property owner’s consent, challenging the legality of the police search, and proving the state cannot establish guilt beyond a reasonable doubt.
Should I accept a plea deal on a burglary charge?
Never accept or reject a plea deal without consulting a criminal defense attorney. A plea deal may reduce charges to a lesser offense, but it still results in a criminal record. Michael Lowe evaluates every offer against the strength of the prosecution’s case to advise whether trial or negotiation is in your best interest.
How much does a Dallas burglary lawyer cost?
Legal fees vary depending on complexity and severity. Michael Lowe offers a free initial consultation to discuss your case. Payment plans may be available depending on the circumstances.
What should I do if I am accused of burglary in Dallas?
Remain silent and do not speak to police without a defense lawyer present. Immediately consult a qualified burglary lawyer. Do not discuss your case with anyone other than your attorney, and preserve any evidence that supports your defense.
