Posts Tagged ‘Burglary’


Burglary

Wednesday, November 4th, 2015

Burglary of a Habitation, a Building, or a Vehicle

In Texas, a person commits burglary if, without the consent of the owner, he enters a habitation, building or vehicle with the intent to commit a felony, theft or an assault. According to Tex. Penal Code § 30.01, these three separate offenses have unique definitions:

  • A habitation is any structure or vehicle that is made for the overnight accommodation of a person, including each separately secured or occupied portion of the structure or vehicle; and each structure connected or attached to the structure or vehicle.
  • A building is any enclosed structure intended to be used or occupied as a habitation or to be used for some purpose of trade or manufacture.
  • A vehicle is any device in, on or by which a person or property may be moved in the normal course of commerce or transportation.
    Depending on the degree of the offense, a burglary conviction can result in severe punishment. Therefore, it is important to hire a reputable and experienced criminal defense lawyer to fight for you.

Houston Burglary Lawyer

If you have been charged with a burglary offense in the Greater Houston area, contact James Sullivan and Associates at 281-546-6428 for a free confidential consultation.

Burglary Offenses in Harris County

Texas criminal law lists a variety of burglary crimes, ranging from misdemeanor to felony offenses. Burglary can include any of the crimes listed below.

According to Tex. Penal Code § 30.02, a person commits a burglary if, without the consent of the owner, he:

  • Enters a habitation or a building not then open to the public with the intent to commit a felony, theft or assault; or
  • Remains hidden or concealed in a building or habitation with the intent to commit a felony, theft or assault in the building or habitation; or
  • Enters a habitation or building and commits or attempts to commit a felony, theft or assault.
  • For purposes of this section, “enter” means to intrude: any part of the body or any physical object connected to the body.

According to Tex. Penal Code § 30.03, a person commits a burglary of a coin-operated or coin collection machine if, without the consent of the owner, he breaks into or enters any coin-operated machine, coin collection machine or other coin-operated or coin collection equipment with the intent to obtain property or services.

According to Tex. Penal Code § 30.04, a person commits burglary of a vehicle if, without the consent of the owner, he breaks into or enters any vehicle, including a motor vehicle or a rail car (including a container or trailer carried on it), with the intent to commit a felony or theft.

Punishment for Burglary Crimes in Harris County

Chapter 12 of the Texas Penal Code lists the penalties for misdemeanor and felony burglary offenses. These penalties vary based on the burglary offense and the degree of the burglary. A burglary conviction carries the following punishment:

If the burglary was committed in any building other than a habitation, criminal charges can result in a state jail felony conviction, which carries a punishment ranging from 180 days to two years confinement in a state jail and/or a fine up to $10,000.

If the burglary was committed in a habitation, criminal charges can result in a second degree felony conviction, which carries a punishment ranging from two to 20 years in prison and/or a fine up to $10,000.

If the burglary was committed in a habitation and the offender entered the habitation with the intent to commit, committed or attempted to commit any other felony besides felony theft, criminal charges can result in a first degree felony conviction, which carries a punishment ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.

If the burglary was of a coin-operated or coin collection machine, criminal charges can result in a class A misdemeanor conviction, which carries a punishment ranging up to one year in jail and/or a fine up to $4,000.

If the burglary was of a vehicle, criminal charges can result in a class A misdemeanor conviction, which carries a punishment ranging up to one year in jail and/or a fine up to $4,000. If the offender has previously been convicted of another burglary of a vehicle offense, criminal charges can result in a class A misdemeanor conviction with punishment ranging from a minimum term of six months to one year in jail and/or a fine up to $4,000.

If the offender has previously been convicted of two or more burglary of a vehicle offenses or the vehicle broken into was a rail car, criminal charges for burglary of a vehicle can result in a state jail felony conviction, which carries a punishment ranging from 180 days to two years confinement in a state jail and/or a fine up to $10,000.

James Sullivan and Associates | Houston Burglary Attorneys

Contact James Sullivan and Associates at 281-546-6428 for a free phone consultation about your burglary crime charges. James Sullivan is an experienced Houston criminal attorney with a proven record of defending fellow Texans accused of burglary offenses in criminal and juvenile courts throughout Harris County Texas and the surrounding counties of Fort Bend County, Montgomery County, Fort Bend County, Waller County, Brazoria County, Galveston County and Liberty County.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

CRIMINAL OFFENSEACTUAL RESULTSCT#
Burglary of a Habitation (2° Felony)JURY TRIAL: NOT GUILTY (Client accused of breaking into a home with 6 other juveniles and stealing over $25,000 in cash from a safe)313th
Burglary of a Habitation with intent to commit aggravated assault (1° Felony)CASE REDUCED TO BURGLARY OF HABITATION WITH INTENT TO COMMIT MISDEMEANOR ASSAULT (2° Felony) when Sullivan was setting the case for trial (Client was accused of breaking into a neighbor’s downstairs apartment through the air vent and then threatening a 17 year old girl who was home alone. Client was originally offered 12 years on the aggravated felony through his court-appointed attorney) , Case # 1370138228th
Burglary of a Habitation (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary), Case # 1321679184th
Burglary of a Habitation (2° Felony)CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony), Case # 1245594232nd
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS, Case # 1298554232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)315th
Attempted Burglary of a Habitation (3° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION (Client was accused of trying to break into an apartment. The tenant was inside and observed window screens being removed from the side of the apartment) , Case # 1289876232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED , Case # 1268926339th
Burglary of a Habitation (2° Felony)CASE DISMISSED, Case # 1277540232nd
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution313th
Burglary of a Habitation (2° Felony)CASE DISMISSED315th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting, Case # 1200321337th
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT, Case # 1185149232nd
Burglary of a Habitation with Intent to Commit Assault (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused of breaking into house after a drug deal went bad) , Case # 1182231179th

Burglary Defense in Greater Houston area

Wednesday, July 6th, 2011

judgehammerBurglary Defense in Harris County

Houston Burglary Defense Lawyer James Sullivan represents people charged with all kinds of criminal offenses, including Burglary of a Habitation or Burglary of a Building. Sullivan gets proven results in burglary cases.

If you or a loved one need a Houston criminal attorney, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

Texas Penal Code, Section 30.02 – Burglary

        (a) A person commits an offense if, without the effective consent of the owner, the person:
                (1) 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; or
                (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
                (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
        (b) For purposes of this section, “enter” means to intrude:
                (1) any part of the body; or
                (2) any physical object connected with the body.
        (c) Except as provided in Subsection (d), an offense under this section is a:
                (1) state jail felony if committed in a building other than a habitation; or
                (2) felony of the second degree if committed in a habitation.
        (d) An offense under this section is a felony of the first degree if:
                (1) the premises are a habitation; and
                (2) 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.

Houston Theft Lawyer gets client’s Burglary of a Habitation case dismissed

Sunday, July 3rd, 2011

NTL-top-100-member3Harris County Burglary Lawyer James Sullivan represented a man charged with the serious felony of Burglary of a Habitation in the 339th District Court.  His client faced 2 to 20 years in prison.  After investigating the case, interviewing witnesses and preparing the case for trial, the attorney persuaded the prosecutor to do the right thing and DISMISS the case without a trial setting.  His client was very grateful for getting his life back.

If you need a Houston burglary lawyer, contact James Sullivan (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.

10/21/10 1268926 339TH BURGLARY OF A HABITATION (2° Felony) DISMISSED BY STATE WITHOUT A TRIAL SETTING
06/30/10 COMPLAINT FILED 339 BURGLARY OF HABITATION LEVEL F2
06/30/10  BOND SET            $10000                        SNU: 999
06/30/10  REVIEWED BY         BENAVIDES, ANA MARIA
06/30/10  ORI: SHERIFF'S DEPARTMENT  OFFENSE NO: HC100090478
06/30/10  COMPLAINANT        MUELLER, CARL S
07/01/10  CMIF               TIME 0723 AMOUNT  $10000       SNU: 999
07/01/10                     ACKNOWLEDGED BY SHERIFF
09/24/10  SERVICE ACTIVITY   RETURNED EXECUTED             ON 09/21/10
09/24/10                     RECEIPTED BY CLERK
09/15/10  GRAND JURY ACTION  FID    09/15/10   G230         SNU: 999
09/15/10  GRAND JURY ACTION  ROTATION CRT 339  OFF FREQ   BND  $10000
09/15/10  GRAND JURY ACTION  OFFENSE BURGLARY OF HABITATION   LEVEL F2
09/15/10  ORI: SHERIFF'S DEPARTMENT  OFFENSE NO: HC100090478
07/02/10     JUDGE            JACKSON, MARIA                 PRESIDING
10/21/10  C87 ACTIVITY       DISM OTHER  STATUS D  CFI 339  SNU: 998
07/01/10  C87 ACTIVITY       PCWAR DONE  STATUS    CFI 339  SNU: 999
07/01/10  MOTIONS            REQ APPT ATTY                  SNU: 999
07/01/10  MOTIONS            FILED                          CFI  339
10/21/10  OFFENSE            BURGLARY OF HABITATION           LEVEL F2
09/15/10  PRECEPT/SERVE IND DATE RETURNED   /  /      HOW EXECUTED
DATE SERVED     /  /
10/21/10 COURT ORDER DISMISSAL                      SNU: 999
10/21/10  DISMISSAL REASON   OTHER

Burglary of a Habitation – Houston Criminal Lawyer Jim Sullivan gets serious felony charge dismissed!

Sunday, July 3rd, 2011

NTL-top-100-member3Houston Burglary Lawyer James Sullivan defended a man charged with Burglary of a Habitation in the 232nd District Court.  His client said he didn’t do it.  Sullivan worked long hours investigating the case, searching for witnesses and preparing for trial.  Ultimately, his client got the best result when the prosecutors did the right thing and dismissed the case.

If you need a Houston criminal trial lawyer, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.

09/28/10 1277540 232ND BURGLARY OF A HABITATION (2° Felony) DISMISSED BY STATE WITHOUT A TRIAL SETTING
09/10/10  COMPLAINT FILED     232 BURGLARY OF HABITATION  LEVEL F2
09/10/10  BOND SET            $20000                        SNU: 999
09/10/10  REVIEWED BY         PARSONS, LYNNE W.
09/10/10  ORI: SHERIFF'S DEPARTMENT  OFFENSE NO: 10122970
09/10/10  COMPLAINANT        ANGSTADT, DAVID A
09/10/10  WARI               TIME 2055 AMOUNT      $0       SNU: 999
09/10/10                     ACKNOWLEDGED BY SHERIFF
09/14/10  SERVICE ACTIVITY   BY PLACING DEF IN JAIL        ON 09/10/10
09/14/10                     RECEIPTED BY CLERK
09/13/10     JUDGE            KEEL, MARY LOU                 PRESIDING
09/28/10 C87 ACTIVITY DISMISSED 
09/11/10  C87 ACTIVITY       WARN GIVEN  STATUS J  CFI 232  SNU: 998
09/10/10  C87 ACTIVITY       PC FOUND    STATUS    CFI 232  SNU: 999
09/10/10  C87 ACTIVITY       PROBABLE CAUSE FOUND
09/28/10  OFFENSE            BURGLARY OF HABITATION           LEVEL F2
09/10/10  ORDER              RAISE BOND/NO BOND/WALLACE     SNU: 999
09/10/10  OFFENSE            BURGLARY OF HABITATION           LEVEL F2

Attempted Burglary of a Habitation – Houston Criminal Lawyer gets felony case reduced to misdemeanor!

Saturday, July 2nd, 2011

IMG_2922BAttempted Burglary Reduced to Misdemeanor Trespass

Houston Criminal Lawyer James Sullivan gets his client’s 3rd degree felony Attempted Burglary of a Habitation reduced to a class A misdemeanor Trespass of a Habitation without having a trial setting.  His client claimed that he and his friend were only trying to pry open the man’s apartment window because they thought his girlfriend lived there and could not hear them pounding on the front door.  Maybe so, maybe not.  The man who did live there was not amused and called the police.  With his criminal history, the client was relieved to receive a misdemeanor conviction and only 3 months of actual jail time instead of the 2 to 10 years in prison that he had been facing.

If you need a Houston criminal trial lawyer to defend you, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.

12/24/10 COMPLAINT FILED 232 ATT BURGLARY HABITATION LEVEL F3
12/24/10  BOND SET                $0                        SNU: 999
12/24/10  REVIEWED BY         MATHEWS, STACEY LYNN
12/24/10  ORI: HOUSTON POLICE DEPAR  OFFENSE NO: 178404310L
12/24/10  COMPLAINANT        TRAN, J.A.
12/24/10  CMIF               TIME 1326 AMOUNT      $0       SNU: 999
12/24/10                     NOT ACKNOWLEDGED BY SHERIFF
01/28/11  GRAND JURY ACTION  FIN    01/28/11                SNU: 999
01/28/11  GRAND JURY ACTION  ROTATION CRT 232  OFF FREQ   BND      $0
01/28/11  GRAND JURY ACTION  OFFENSE ATT BURGLARY HABITATION  LEVEL F3
01/28/11  ORI: HOUSTON POLICE DEPAR  OFFENSE NO: 178404310L
12/27/10     JUDGE            KEEL, MARY LOU                 PRESIDING
12/24/10  C87 ACTIVITY       PCWAR DONE  STATUS    CFI 232  SNU: 999
01/28/11  SENTENCED IN       COURT 232 STARTING 01/28/11  SNU: 999
01/28/11  SENTENCE TO        6  MONTHS CONFINEMENT
01/28/11  CREDIT GIVEN       DEFENDANT RECEIVED    37  DAYS    CREDIT
01/28/11  MOTIONS            NOT INT DESTROY EVID           SNU: 998
01/28/11  MOTIONS            FILED                          CFI  232
12/24/10  MOTIONS            REQ APPT COUNSEL               SNU: 999
12/24/10  MOTIONS            FILED                          CFI  232
01/28/11  OFFENSE            ATT BURGLARY HABITATION          LEVEL F3
01/28/11  JUDGMENT           CONVICTION                     SNU: 999
01/28/11  JUDGMENT           LESSER OFF. GUILTY PLEA - NO JURY
01/28/11  JUDG OFFENSE       CRIMINAL TRESPASS-HABITATION     LEVEL MA
01/28/11  PENALTY            HCJ AMOUNT                       6 MONTHS
01/28/11 1289876 232ND ATTEMPTED BURGLARY OF A HABITATION (3° Felony) REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION WITHOUT A TRIAL SETTING