Defending Residents of Austin Who Face Charges of Burglary with Intent to Commit Assault
Burglary is a very serious criminal offense in Austin, Texas, and if you are ultimately convicted of the charge, you may be sentenced to some very serious penalties, including incarceration. One of the elements of a burglary charge is that the accused intends to commit a theft, felony, or assault in the building that he or she burglarizes. Burglary with intent to commit assault is considered a violent crime in the State of Texas.
If you have been charged with a serious property crime like burglary, it is essential that you have a strong team of lawyers on your side representing you at all times. The experienced Austin criminal defense lawyers at Granger and Mueller PC will explain all of your legal rights to you and ensure that these rights remain protected throughout your criminal case. We will also set to work right away on exploring possible legal defenses to your charge. Our team can represent you at all courtroom proceedings throughout your case, including trials and sentencing hearings.
How Does Texas Law Define Burglary with Intent to Commit Assault?
Burglary can involve a building that is being used as a habitation or one that is not being used as a habitation. Burglary of a non-dwelling occurs when a person does the following:
- Remains in or enters a private or public building
- With the specific intent to commit a theft, felony, or assault crime therein
Burglary of a dwelling house – also called a home invasion, which is a second-degree felony offense – occurs when a person does the following:
- Remains in or unlawfully enters a dwelling house/habitation
- With the specific intent to commit an assault or felony theft therein
Burglary of a dwelling house turns into a first-degree felony if the accused enters the dwelling house with the specific intent to commit some felony (besides a felony theft crime).
Also, under Texas law, assault occurs when an individual knowingly, intentionally, or recklessly brings about bodily injury, threatens some other person with bodily injury that is imminent, or brings about physical contact with a person while reasonably believing (or knowing) that the other person will consider the contact provocative or offensive.
What are the Potential Penalties for Burglary?
To receive a burglary conviction, the state prosecutor must prove all of the elements of burglary beyond a reasonable doubt. If the accused is convicted of burglarizing a building that is not a dwelling place, he or she can be charged with a state jail felony. On the other hand, if the accused invades a home, he or she can be charged with a second-degree felony offense, and in more serious cases, with a first-degree felony offense. A felony conviction can lead to fines, jail time, and other serious consequences.
Talk to an Austin Criminal Defense Lawyer about Your Burglary Charge Today
The experienced legal team at Granger and Mueller PC is ready to assist you with defending against your criminal burglary charge right away. To schedule a free consultation and case evaluation with an Austin criminal defense attorney, please call us at (512) 474-9999 or contact us online today to learn more.