Burglary and theft are two of the more common criminal defense cases we see at our Houston firm, but this doesn’t make them any less intimidating for the accused. A defendant facing burglary charges needs wise, highly experienced attorneys to build a strong defense. Our team can help you understand the elements of your burglary/theft case in Texas, and the potential routes for defense. Speak with our lawyers for information about your specific case, and to gain an understanding of this area of the law.
Defenses for Burglary or Theft Charges
In any criminal case, it is the prosecution’s job to prove the defendant’s guilt “beyond a reasonable doubt.” The prosecution must provide enough evidence to convince the judge and/or jury that the defendant committed the alleged crimes beyond reasonable doubt. It is the defense’s job to refute the prosecution’s claims and prove that reasonable doubt exists. In a burglary case, defense options may include:
- Actual innocence. This defense strives to prove that the defendant did not commit the acts in question. The defendant must give the jury a plausible doubt that the prosecution’s evidence demonstrates the guilt of the defendant. This may be possible using an alibi or doubting the reliability of the prosecution’s forensic techniques.
- Affirmative defense. The other angle the defense may take is that the defendant did commit the acts but that they do not constitute burglary. Texas Penal Code, Chapter 30 defines burglary and theft using specific terms. Burglary is unauthorized breaking and entering with the intent to commit a crime. It is up to the defendant to prove that what the defendant did does not constitute burglary or theft by definition.
- Claim of right or ownership of property. It may be possible to prove that the defendant owned the property in question or held plausible belief in his/her ownership of the property. The defendant must provide evidence supporting this belief for the courts to acquit the case.
- If another individual induced the defendant to commit a crime, there may be an entrapment defense. Entrapment applies when someone lures the victim into committing the theft with the goal of apprehending the individuals. This may be the case if an undercover investigator or police officer arrested the person accused.
These are four basic defense theories, and they do not take into account the specific details of any one case. There are many potential defenses for burglary and theft, such as consent, coercion, or intoxication. Speak to our attorneys for a more accurate portrayal of what your case might entail. Your attorney will help you understand your rights and possible options for a defense.
Retain Attorneys With the Experience You Need
Not all attorneys are created equal. Our firm has years of trial experience, hundreds of successful cases, and complete confidence in our defense capabilities in Houston. We have the tools, resources, and education necessary to give our clients reliable representation. No matter what the circumstances or evidence held against you, we will defend your case until the very end. Our team is innovative and can come up with defense routes other firms may not consider. We can immediately ease your mind or at least bring you out of the dark about your case.
Burglary and theft charges are serious and deserve the attention of skilled lawyers. A conviction can lead to a felony on your record, jail time, large fines, and other repercussions. Protect your rights and your future with help from our capable team. To speak with one of our lawyers about your individual case, call or contact us online.