You need to speak with a lawyer in Houston if you have been charged with burglary or criminal trespassing.  In fact, if you are even being questioned about this type of incident – contact a lawyer.  State laws vary on what constitutes burglary and what the penalties are for doing so.  In Texas, the laws are strict, and a conviction can lead to up to ten years in jail.  This is not something that you want to take a chance with, making it important to get help as soon as possible.

You can be charged and convicted of burglary without stealing anything. 

The laws in Texas are so strict, that if the prosecutor can prove you illegally entered someone else’s property with the intent to steal, you can be convicted of a crime.  This makes it extremely easy for a prosecutor to make their case since they don’t need to prove that you took anything – only that you wanted to.  In other words, if you entered a home or business then left when the alarm went off, they could demonstrate that you wanted to steal but didn’t due to the alarm.  All they really need is video footage or someone seeing you do it.

As a lawyer in Houston, our job is to prove that you did not intend to take anything.  This is extremely important.  While you are entitled to work with a public defender, this is not recommended given how easy it is for the prosecutor to make their case.  You need to work with an attorney that will build a case for your defense and for what your intent actually was.  Keep in mind that you can be charged with burglary for illegally entering a car or coin operated machine as well, regardless of whether or not you stole.

A lesser charge is felony trespassing.  In this instance, the prosecutor needs to demonstrate that you entered a property that did not belong to you and had notice that you were not supposed to be there.  This could be a sign or verbal notice by someone there.  Once receiving notice, they need to prove that you did not leave.  While still a crime, this carries a lesser penalty.  If you are to be charged with one or the other, felony trespassing is preferable.  At times, we can even get the charges reduced before going to court.

It is important to speak with a lawyer in Houston immediately upon the police questioning you about any crime but especially burglary.  Since the prosecutor doesn’t have to prove you took anything, what you say to the police can be enough to demonstrate that you intended to steal.  One misspoken word out of fear or confusion can lead to your arrest or burglary charges being filed instead of felony trespassing.  The police and prosecutor are skilled at getting confessions out of people, even while making it look like a casual conversation.  They will do their best to put you in a corner, making it incredibly important to have a lawyer working with you from the beginning.