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Burglary

Unlike the crime of robbery in which an alleged offender must intentionally, knowingly or recklessly cause bodily injury to another person or intentionally or knowingly threaten or place another person in fear of imminent bodily injury or death, an individual can be charged with burglary if he or she unlawfully enters another party’s property with the intent to commit a crime. A person does not actually have to steal anything or commit an intended crime in order to be arrested for burglary.

Burglary crimes can be misdemeanor or felony offenses, and convictions can result in lengthy terms of incarceration as well as steep fines. It can be very difficult for a prosecutor to prove an alleged offender’s criminal intent beyond a reasonable doubt, especially is the person accused of the crime believed he or she had consent to enter the property in question.

Attorney for Burglary Arrests in Plano, TX

If you were arrested anywhere in the greater Collin County area for allegedly committing a burglary offense, it will be in your best interest to exercise your right to remain silent until you have legal counsel. The Law Offices of Richard C. McConathy aggressively defends clients accused of property crimes in McKinney, Plano, Allen, Frisco, and many surrounding areas of Collin County.

Plano criminal defense lawyers Richard McConathy and Brian Bolton can fight to possibly get your criminal charges reduced or dismissed. Call 469-304-3422 today to have our attorneys provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Burglary Crimes in Collin County


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Burglary Charges in Texas

Texas Penal Code § 30.01 provides the following definitions for terms relating to burglary offenses:

  • Habitation — A structure or vehicle that is adapted for the overnight accommodation of persons, and includes each separately secured or occupied portion of the structure or vehicle, and each structure appurtenant to or connected with the structure or vehicle;
  • Building — Any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use; and
  • Vehicle — Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as habitation.

An alleged offender commits burglary under Texas Penal Code § 30.02 if he or she, without the effective consent of the owner, either:

  • enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault;
  • remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
  • enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

The term enter as used in this statute means to intrude any part of the body or any physical object connected with the body. If any of the offenses listed above are committed in a building other than a habitation, the crime is classified as a state jail felony.

If a burglary is committed in a habitation, the offense is a second-degree felony. If the premises are a habitation and any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft, the crime becomes a first-degree felony.

Texas Penal Code § 30.04 also makes it a Class A misdemeanor for an alleged offender to, without the effective consent of the owner, break or enter into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. Burglary of a vehicle is another separate offense established under Texas Penal Code § 30.05 that may be classified as a Class A misdemeanor or state jail felony.


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Burglary Penalties in Collin County

The possible sentence a person receives if convicted of a burglary crime in Texas depends on the grade of the alleged offense. Maximum sentences in such cases are generally as follows:

  • Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000;
  • Third Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000;
  • Second Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000; or
  • First Degree Felony — Minimum of five years up to 99 years or life in prison and/or a fine of up to $10,000.

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Texas Burglary Offense Resources

Plano, TX Crime Map | SpotCrime — SpotCrime aggregates crime data using information from police departments, news reports, and user-generated content, mapping the incidents, plotting them on Google Maps, and delivering alerts via various platforms. You can view recent burglary arrests in Plano as well as robbery, theft, assault, and arson offenses. The website also publishes a list of the most recent crimes below the map, and you can submit crime tips and register to receive alerts.

Chapter 30, Texas Penal Code | Burglary and Criminal Trespass — View the full text of state laws relating to burglary offenses. Read definitions of terms used in these statutes. You can also learn more about affirmative defenses for burglary of vehicles offenses.


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The Law Offices of Richard C. McConathy | Plano Burglary Defense Lawyer

Do you think that you might be under investigation or were you already arrested for an alleged burglary in Collin County? Do not say anything to authorities without legal representation. Contact The Law Offices of Richard C. McConathy as soon as possible.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent individuals in communities throughout Collin County, including Frisco, Allen, Plano, McKinney, and many others. They can review your case and help you understand all of your legal options when you call 469-304-3422 or complete an online contact form to schedule a free, confidential consultation.


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