If you are facing a burglary charge in Austin, you are dealing with a felony accusation that can threaten your freedom, your job, and your future opportunities. A single decision or misunderstanding can suddenly turn into an arrest, a night in the Travis County Jail, and a court date you do not fully understand.
At Lance Kennedy Law, we focus our work on criminal law in Texas, and we regularly defend people accused of serious property crimes such as burglary. We know how quickly fear and confusion take over after an arrest. Our role is to give you a clear explanation of what you are up against and a concrete plan for what comes next.
You cannot make good decisions about your future unless you understand what you are actually charged with. Texas burglary law is more specific than many people realize. It focuses on whether a person entered or remained in a place without consent and what they intended at the time of entry, not just whether something was taken.
Under the Texas Penal Code, burglary generally involves entering a building or habitation without the owner’s effective consent, with intent to commit theft, assault, or another felony. The law can also apply when someone hides inside and remains there with that intent. The type of location and the conduct the state alleges have a major impact on how serious the charge is.
Burglary of a building that is not a habitation is usually charged as a state jail felony, which can still mean potential confinement and a lasting felony record. Burglary of a habitation, which involves a place where people live, is usually a second degree felony and can become a first degree felony in certain alleged circumstances, such as some cases involving weapons or intended crimes inside.
Texas also has separate offenses, including burglary of a vehicle, which is handled differently from entering a house or business. Enhancements can apply if the state claims you have certain prior convictions. This can increase sentencing ranges and reduce flexibility in negotiation. The specific charge, your history, and the facts in the police reports are all critical pieces of the picture.
Key aspects of Texas burglary law to keep in mind:
Whether the accusation involves a building, a habitation, or a vehicle
What crime the state claims you intended to commit inside
How the state plans to prove entry and lack of consent
Whether you have prior convictions that might enhance punishment
Which court, such as a Travis County district court, will handle the case
The written charge is only the starting point. Our task is to look past the label of burglary to the specific facts, evidence, and legal issues that shape your real risk and your options.
Defending Against A Burglary Allegation
Every burglary case is built on details. The state must prove that you entered or remained in a place without consent and that you had the required intent at that time. In many cases, those issues are far less clear than the initial arrest documents suggest. Our job is to identify and develop what the state may be missing or getting wrong.
In many burglary cases, issues arise around identity, permission, and intent. For example, there may be a dispute over whether you had some right to be on the property, whether you were misidentified from video footage, or whether your conduct actually shows the intent that the state alleges. Sometimes the state’s case rests heavily on a statement taken under stressful conditions or on assumptions about what you meant to do.
We also look at whether the charge itself fits the facts. In some situations, the conduct may be better described as trespass or another lesser offense. In others, the police narrative may overstate what happened because of property owner frustration or incomplete investigation. Our goal is to separate emotion and assumption from the actual proof that will matter in court.
Examples of issues we examine in burglary cases include:
How officers identified you as the person who entered the property
Whether you had any permission or prior relationship with the premises
How the state claims to know what you intended at the time of entry
Whether searches, seizures, or statements complied with constitutional rules
Whether the charge level matches the facts described in the reports
Some burglary cases can be resolved through negotiation, such as seeking reduced charges or outcomes that better protect your long term record. Others may require preparing for trial in a Travis County district court or another court in this part of Texas. We work to evaluate the strengths and weaknesses on both sides so you can make informed choices about how to proceed.
What To Do After A Burglary Arrest
If you have been arrested or learned that a warrant was issued for burglary, the steps you take now can influence your options later. It is natural to want to explain yourself to officers, to alleged victims, or to friends and family. These conversations can easily be misunderstood or used against you in ways you do not expect.
Officers and prosecutors generally listen closely to anything you say after an arrest, especially about where you were, what you did, and why you did it. Talking about the situation without legal guidance can make it harder to challenge the state’s version of events later. The safest choice is usually to respectfully decline to answer questions about the facts until you have spoken with a lawyer.
Many people facing burglary charges here are released on bond from the Travis County Jail or another facility. Bond conditions often include requirements such as staying away from certain locations or people, reporting to a pretrial services office, and avoiding new offenses. Violating these rules can lead to being taken back into custody and can affect how judges view your case.
Practical steps you can take right now:
Do not discuss details of the case with officers, alleged victims, or on social media
Keep copies of any paperwork you received from the jail or the court
Follow all bond conditions and court dates listed on your documents
Write down your recollection of events while your memory is fresh
Contact a burglary lawyer Austin residents trust to review your situation
We understand how overwhelming it feels to juggle work, family, and a serious criminal charge at the same time. When we step in, our aim is to help you understand what is happening in court, what the prosecution must prove, and what choices you have at each stage of the process.
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When you hire our firm to defend a burglary case, we want you to know what to expect. We start with a focused consultation where we listen to your account, review any paperwork you have, and discuss the court where your case is pending, such as a Travis County district court if the charge is a felony. This first meeting is your chance to ask questions and for us to outline the possible paths ahead.
Next, we work to obtain and review the discovery materials in your case, including reports, recordings, and other evidence the prosecution intends to use. Our prosecutorial background and our experience as a U.S. Army Judge Advocate guide the way we organize and evaluate this information. We look for legal and factual issues, then talk with you about what we see and what it may mean for negotiation or trial.
Throughout the case, we strive to communicate clearly and directly. We explain your options, such as the risks and potential benefits of different plea offers or the decision to set a case for trial. We do not promise specific results, because outcomes depend on many factors, including the judge, the jury, and the evidence. We do commit to thorough preparation and honest advice at each step.
We see each client as more than a file number. A burglary conviction can affect housing applications, job opportunities, and personal relationships for years. Our goal is to protect your rights in court and to help you pursue the most favorable path available for your future. If you are looking at hiring a burglary attorney Austin residents rely on in serious times, we are ready to talk with you about your options.
Penalties depend on the exact charge and your history. Burglary of a building can be a state jail felony, while burglary of a habitation is usually a higher level felony with more serious ranges. Prior convictions and alleged facts can increase exposure. We review all of this with you before decisions are made.
Will a burglary conviction stay on my record forever?
A burglary conviction can create a permanent felony record that affects work, housing, and other parts of life. Options to seal or restrict records are limited and depend on the outcome of the case. Part of our work is to consider long term record impact when advising you about possible resolutions.
How will you evaluate the evidence in my burglary case?
We examine police reports, videos, statements, and any forensic or digital evidence. Our prior work as a prosecutor and with agencies like the Texas Rangers helps us identify weaknesses or rule violations. We then explain in plain language what the state can likely prove and what can be challenged.
Do you regularly handle burglary cases in Austin courts?
Our practice focuses on criminal defense in Texas, including serious felonies such as burglary filed in Austin. Our attorney previously served as a Federal Assistant District Attorney here, so we are familiar with local prosecutors and court procedures. We use that knowledge to help guide clients through the process.
What should I do before my first court date?
You should read your paperwork carefully, follow bond conditions, and avoid talking about the facts with anyone but your lawyer. It can help to gather any documents or messages connected to the incident. We can then review everything together and discuss what will likely happen at the first setting.
If you were arrested for DWI, our firm can help you build a strategic defense to reduce or dismiss the charges against you. Some common legal strategies include:
Unlawful traffic stops. Police must have reasonable suspicion to pull you over, such as speeding or swerving. If the DWI stop was unlawful, we can challenge the evidence against you and fight for dismissed or reduced charges.
Lack of probable cause. Law enforcement must have probable cause to arrest you for DWI. If the officer arrested you without sufficient evidence of intoxication, we can file a motion to suppress all evidence gathered after the arrest.
Improper field sobriety tests. Standardized tests like the walk-and-turn or one-leg stand are frequently used to establish probable cause, but are often subjective and influenced by outside factors. We challenge the administration and accuracy of FSTs to prove they were improperly conducted or inconclusive.
Inaccurate chemical test results. Breath and blood tests can be inaccurate due to improper calibration or operator error. Medical conditions like diabetes and acid reflux can also mimic intoxication and cause false positives. We can identify any testing errors to dismiss inadmissible evidence from your case.
If you were charged with DWI on I-610, your driver’s license may be suspended unless you request an administrative license revocation (ALR) hearing within 15 days of your arrest. ALR cases are separate civil proceedings handled by the Department of Public Safety (DPS).
Failure to request a hearing within this timeframe can result in automatic license suspension, making it crucial to consult a knowledgeable DIW defense lawyer as soon as possible. Our lawyers can request an ALR hearing on your behalf and work tirelessly to restore your driving privileges.
No. While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony, depending on the specific aggravating factor involved.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
