What is Burglary in Fort Worth, Texas?

Burglary is a broad term encompassing various types of theft in Fort Worth, Texas. According to Texas Penal Code, a defendant is charged with burglary if the individual commits one of the following acts without the owner's express or implied consent:

• Enters a habitation or building that is not open to the public with the intent of committing theft, assault, or any other felony-level offense 
• Stays hidden with the intent to commit theft, assault, or any other felonious act.

To obtain a burglary conviction against a defendant, the prosecution must establish beyond a reasonable doubt that the accused entered the residence or building without the owner's consent, with the intent to commit a crime. The crime might be anything from violence to theft or other felonies under state law. 

Additionally, "to enter" a private building or residence is only permissible with or without the owner’s consent. As a result, if an individual enters a property without permission, the entry will be considered unlawful. Entry may also be deemed illegal if the individual entered the property with the owner's permission but remained on the property for a period longer than the owner authorized.

In a burglary case, the elements of unlawful entrance and the intent to conduct a crime are critical. It is possible to be charged with burglary even if the intended crime is not carried out.

The following forms of burglary are prohibited under Texas law:

• Burglary of a Non-Habitation Building constitutes unlawfully entering or remaining inside a privately owned or publicly owned building that is not used as a residence, with the intent to carry out violence, theft, or a felony.
• Burglary of a Habitation. The charge may stem from an individual remaining within a structure designed or adapted for habitation and overnight accommodations, intending to commit a criminal offense.
• Burglary of a Habitation with Intent to Commit a Serious Felony. This crime is committed when someone enters or breaks into another person's house intending to commit a significant offense other than theft.
• Burglary of a Vehicle. Burglary of a Motor Vehicle occurs when a person enters or remains within a vehicle with the purpose to conduct theft, violence, or another criminal offense. Suppose the vehicle is intended to be used as a place of an overnight stay, such as a recreational vehicle. In that case, the offense will be upgraded to burglary of a habitation, with harsher penalties. 

The Fort Worth Police Department releases annual, and quarterly crime reports that document crimes within the city jurisdiction. The reports include a thorough examination of crime rates in the city, including burglary crime rates and statistics. According to the crime report, there were 4504 burglaries within the city in 2018. However, in 2019,  law enforcement agencies reported  3969 burglaries.

What is the Difference Between a Robbery and Burglary in Forth Worth, Texas?

Robbery and burglary are separate crimes, each with different punishments.

Robbery is commonly defined as taking anything valuable directly from another person by the use of force or terror. While the typical elements of burglary include unauthorized access and the intent to perpetrate crime, the specific features of robbery include:

• Taking anything of value (money or property)
• Directly from a person without their authorization
• With the intention of retaining ownership indefinitely
• By employing violence or threatening to use violence (or both).

A robbery is a form of aggravated theft. It is a second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000. Aggravated robbery, sometimes known as armed robbery, is a type of robbery. In addition to the conventional elements of a robbery, additional considerations for the allegation are: 

• The victim is a senior individual above the age of 65
• The victim is a person with a disability
• The culprit caused significant physical injury to another individual
• The culprit used or attempted to use a lethal weapon.

Aggravated robbery is a first-degree felony in Plano, punishable by prison terms ranging from 5 to 99 years and fines of up to $10,000.

How to Beat a Burglary Charge in Forth Worth, Texas

When a person in Fort Worth, Texas, has been arrested and charged with burglary, it is important to contact a criminal defense attorney as soon as possible to discuss their options. While on arrest, a criminal defense attorney can assist them in navigating the process for posting bail while simultaneously preparing them for their defense and court appearance.

Having a competent defense attorney can help speed the dismissal of the case by establishing a solid defense that questions the integrity of the prosecution's evidence and witnesses. The attorney may also rely on applicable defenses to show that the accused had no criminal intent to commit a burglary. The attorney may also be able to convince the court that the prosecution has failed to prove that the accused had the intent to commit a crime by posing well thought out questions to the prosecution’s case and creating reasonable doubt. 

The prosecutor will have a tough time demonstrating criminal intent to conduct a crime during a jury trial if the defendant was discovered in the building or habitation but there was no proof that they had the intent to commit theft or another crime. In such a situation, the felony burglary accusation may be reduced to a lesser charge of criminal trespass, a Class B misdemeanor punishable by up to 180 days in jail, and a $2,000 fine.

No entry was made to prove burglary. If a theft occurred on the property, but there was no proof that the accused unlawfully entered the building or habitation. The case may be prosecuted as a misdemeanor theft rather than a felony burglary case.

Innocence

The defense of innocence is a fundamental defense against burglary. If a counsel asserts this defense, they will attempt to demonstrate that the defendant did not commit the illegal act in question. To establish that there is reasonable doubt that the defendant committed the crime, they might utilize alibis, forensic evidence, or other methods.

The action did not constitute a crime.

The defense lawyer may claim that the act alleged did not constitute a crime by providing evidence to support this, such as the defendant was authorized to be in the building.

What are the Degrees of Burglary in Forth Worth, Texas?

Burglary encompasses numerous types of theft. The penalties for burglary offenses in Texas are listed in Chapter 12 of the Texas Penal Code. They can range from a misdemeanor to a felony depending on the burglary violation and the severity of the offense.

The following are the repercussions of a burglary conviction:

• Criminal charges for burglary might result in a state jail felony conviction if the crime was committed in a building other than a home. This crime is punishable by a fine of up to $10,000 and a prison term ranging from 180 days to 2 years in a state correctional institution.
• If the burglary was conducted in a residence or habitation, the defendant might be charged with a 2nd-degree felony, which is a more serious crime than the first. The violation is punishable by a jail term ranging from 2 to 20 years in prison and a maximum fine of $10,000 in fines.
• Criminal charges for burglary can result in a 1st-degree felony conviction if the act was committed in a house or habitation, and the accused offender entered the home or habitation intending to commit, perpetrate, or try to commit any other criminal act than felony theft. This offense can result in a jail term of 5 to 99 years in prison or life imprisonment and a fine of up to $10,000.
• Burglary of a coin-operated or coin-collecting machine can result in a class A misdemeanor conviction, which is punishable by incarceration of up a year and a fine of up to $4,000.
• Criminal charges for vehicle burglary can result in a class A misdemeanor conviction, which may be punished by up to a year in jail and/or a $4,000 fine. 

It is important to note that the Fort Worth judiciary has the authority to review prior criminal convictions to determine the appropriate sentence for a current violation. Therefore, if a defendant is a repeat offender, several of the charges and degrees of burglary listed above may be elevated, and the defendant may face more severe punishment.

Residential Burglary vs Commercial Burglary

Burglary is commonly assumed to be defined as breaking and entering a building. However, this requirement has been eliminated. Burglary is currently defined as any physical entrance into a structure to commit a theft or any other crime while inside the premises. Therefore, residential burglary often refers to a house or living space burglary. In contrast, commercial burglary refers to nearly any other form of theft of products from within any enclosed or even semi-enclosed location, such as a business.

Commercial burglary is characterized by burgling a business establishment such as a shop, store, office building, or other commercial facilities to commit theft or other offenses. Although commercial burglary frequently implies that the burglary was on a larger scale, as assessed by the cash worth of the things allegedly taken, residential burglary is treated more firmly. In reality, because home burglary results in a greater threat to human life than commercial burglary, it is dealt with greater severity than the latter. Nonetheless, in exceptional cases, commercial burglary may be prosecuted as a 1st or 2nd-degree felony, the most severe degree of burglary punishable by life imprisonment.