Houston Burglary of a Habitation Defense Attorneys

Harris County Burglary Defense Attorneys

If you have been charged with burglary of a habitation, take immediate action and call an attorney. Even if you are being investigated by the police and charges have not yet been filed, you should not wait. An experienced Houston, Texas criminal attorney may be able to fight and win your case at the grand jury level. If that happens, you would have the immediate right to get the criminal records expunged.

If you wait until you are arrested, this option may no longer be available. Also, burglary cases are complex and punishment is severe. The court could impose huge fines. You could lose your freedom. You need the counseling, guidance and defense of an experienced Houston criminal trial lawyer to fight for the best result.

Houston Attorney for Burglary of a Habitation

At the Law Office of James Sullivan & Associates, we know what is at stake when our clients face serious felony charges. Our job is to fight for your rights, freedom and future. We have experience fighting burglary cases at the grand jury level and at jury trial.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your burglary charges.

What is Burglary of a Habitation in Harris County?

Texas law defines burglary under Texas Penal Code §30.02 as unlawful entry into (or remaining concealed within) a home, business or any type of enclosed structure with the intent to commit a felony, theft or an assault. Although most burglary cases involve theft, the act itself is not limited to theft. For example, if a person breaks into an apartment in order to attack someone, that person would be charged with burglary of a habitation.

Burglary of a habitation is a second degree felony. You could be sentenced to 2 to 20 years in prison. The burglary is enhanced to a first degree felony with imprisonment up to 99 years or life if you entered the habitation with the intent to commit or actual commission of a felony other than felony theft (for example, aggravated assault or sexual assault). In addition, you could be fined $10,000.

Richmond Criminal Attorney James Sullivan has been fighting the State on felony criminal cases since 1994 and gets proven results. With an available team of experienced investigators and experts, Sullivan prepares a strong defense and fights to get you the best result. Depending on the facts and circumstances of your case, that could include reduced charges, dismissal or acquittal at trial.

James Sullivan & Associates | Harris County Burglary Defense Lawyer

James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.

James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 2,000 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your burglary charges in Harris County and Fort Bend County, and Waller County.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Burglary Crimes

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.

Harris County 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 Houston

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 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 and Fort Bend County. 

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Theft Related Crime Case Results | Harris County Theft Lawyer James Sullivan

Burglary, Theft, Forgery and Fraud | Criminal and Juvenile Case Results

CRIMINAL OFFENSE	ACTUAL RESULTS	CASE #	CT #
Theft	CASE DISMISSED (Client allegedly stole from her employer)	1914995	6
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)	1370138	228th
Theft (2° Felony)	CASE REDUCED TO MISDEMEANOR THEFT (Client was accused of stealing over $170,000 in property from his employer.  Thorough investigation by defense counsel revealed serious discrepancies in company inventory records)	1369319	262nd
Theft	CASE DISMISSED WITHOUT A TRIAL SETTING (Client was accused of stealing an I-Pad from a restaurant)	1861238	7
Auto Theft	CASE DISMISSED (Client was accused of stealing an acquaintance’s car)	Juvenile	314
Theft (State Jail Felony) in Jefferson County (Beaumont)	CASE REDUCED TO MISDEMEANOR THEFT with no restitution (Client was accused of stealing over $10,000 from his employer and allegedly signed a voluntary confession.  Thorough investigation by defense counsel cast serious doubt on the State’s ability to prove their case at trial)	District Court	08-02655
Theft	CASE DISMISSED (Client accused of shoplifting)	1765259	4
Theft	CASE DISMISSED (Client accused of stealing a cell phone at a party)	1812130	4
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)	1321679	184th
Motion to Adjudicate Guilt (Theft)( State Jail Felony)	PROBATION REVOKED AND SENTENCED TO TIME SERVED  (100 days HCJ under §12.44a)(Client had a reasonable due diligence argument regarding failure of the police to arrest the defendant soon after the violation of probation)	926980	337th
Theft from a Person (State Jail Felony)	CASE REDUCED TO MISDEMEANOR THEFT and granted 2 years DADJ	1317454	337th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION	1278554	337th
Burglary of a Habitation (2° Felony)	CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony)	1245594	232nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION	1303014	337th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION	1219184	337th
Burglary of a Habitation (2° Felony)	CASE REDUCED TO MISDEMEANOR TRESPASS	1298554	232nd
Burglary of a Habitation (2° Felony)	CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)	Juvenile	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)	1289876	232nd
Theft (State Jail Felony)	CASE REDUCED TO MISDEMEANOR THEFT  and client received a deferred adjudication probation	1261476	338th
Burglary of a Habitation (2° Felony)	CASE DISMISSED	1268926	339th
Burglary of a Habitation (2° Felony)	CASE DISMISSED	1277540	232nd
Motion to Adjudicate Guilt (Theft)	MADJ DISMISSED.  Probation terminated without a conviction	1231097	3
Burglary of a Habitation (2° Felony)	CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution	Juvenile	313th
Forgery of a Financial Instrument (3° FELONY)	CASE DISMISSED BY GRAND JURY (Client accused of passing a counterfeit $100 bill at liquor store)	1252585	262nd
Forgery of a Financial Instrument (3° FELONY)	CASE REDUCED TO MISDEMEANOR FORGERY	1247461	232nd
Unauthorized Use of a Motor Vehicle (State Jail Felony)	CASE DISMISSED PRIOR TO TRIAL SETTING	1251123	232nd
Trespass to a Habitation	CASE DISMISSED	Juvenile	313th
Theft (State Jail Felony)	CASE REDUCED TO MISDEMEANOR THEFT	1238796	262nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED.  Probation terminated without a conviction	1072666	177th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION	1179695	179th
Burglary of a Habitation (2° Felony)	CASE DISMISSED	Juvenile	315th
Burglary of a Habitation (2° Felony)	CASE REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting	1200321	337th
Forgery (State Jail Felony)	CASE DISMISSED	1205243	337th
Theft	CASE DISMISSED	1558250	13
Theft (State Jail Felony)	CASE REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation	1201179	339th
Theft (State Jail Felony)	CASE DISMISSED	1197048	351st
Credit Card Abuse (State Jail Felony)	CASE DISMISSED	1197049	351st
Theft (State Jail Felony)	CASE REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation	1202504	178th
Burglary of a Habitation (2° Felony)	CASE REDUCED TO MISDEMEANOR THEFT	1185149	232nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)	MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION	1092900	232nd
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)	1182231	179th
Theft	CASE DISMISSED	1491538	14
Theft	CASE DISMISSED	9913348	8
Theft	CASE DISMISSED	Juvenile	315th
Insurance Fraud (State Jail Felony)	CASE DISMISSED	1119948	208th

Harris County Criminal Lawyer James Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties since 1994. The cases listed in the graph above represent just the burglary, theft, forgery and fraud cases between 2008 to 2013. A graph covering the cases represented over the past 30 years would be much too lengthy to post.

Note: When a Grand Jury dismisses a felony complaint (by way of no bill), it means that the grand jury did not find probable cause and the accused can seek an expunction of the criminal record.  All felony cases dismissed by the grand jury were no billed after the grand jury reviewed an extensive defense packet prepared by Attorney James Sullivan.

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Facing Burglary, Theft, Forgery or Fraud Charges?

Contact James Sullivan, a Houston Criminal Lawyer, at (281) 546-6428 for a free consultation

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.