Experienced Lawyers Defending Against Business Burglary Charges in Texas
Businesses are protective of their property. Accordingly, many of them work very closely with state and local police to investigate and prosecute any suspected instances of theft, property damage, trespass, or breach of security.
For their part, the police officers and prosecutors take business burglary just as seriously. They’re quick to press charges and seek hefty criminal penalties sometimes too quick.
Allegations of burglary in the business context are often premised on simple misunderstandings. To really get a sense of how that happens, you need to understand exactly what the law on the burglary is in Texas. It’s more specific than you might think. We’ll explore that definition and the defenses against it on this web page.
Here’s what you need to know right away: If you have been charged with the burglary of a business or commercial property in Texas, you need to take immediate legal action. You should contact our experienced Dallas burglary defense lawyers right away.
Oberheiden, P.C. is a private, aggressive, and affordable criminal defense law firm, actively involved in both state and federal prosecutions. We believe in getting our client’s charges dropped whenever possible, just as we have done for so many people in the past.
We understand how powerful prosecutors are, and we know that they often rush to judgment. The system has an upper hand against you, so you need someone with real knowledge, passion, and strategy to fight for you at every single turn. That’s what we’re here for.
You can count on the Dallas burglary defense lawyers at Oberheiden, P.C. to bring you the tireless criminal defense that you deserve.
Business Burglary in Texas
Texas prosecutes business burglary under the regular burglary statute. That means that defendants in these cases aren’t subject to the heightened penalties that accompany the burglary of someone’s home.
Nevertheless, anyone convicted of burglarizing a business in Texas could still face substantial long-term consequences. That’s why it’s so important to work with a private, effective defense team.
Here’s what the prosecution must prove to convict you of business burglary in Texas:
- You entered a building that was not open to the public at the time (or entered when the building was open to the public but then concealed yourself inside), with the intent to commit a felony, theft, or assault; and
- You did not have the owner’s permission to enter the building.
People are often shocked to learn that so little is required for a burglary conviction. In particular, most people are surprised that you can be convicted of burglary even if you never steal any property. While it’s true that burglary is generally considered a “theft crime,” theft is not a necessary element for conviction. Rather, it is the wrongful entry or concealment that defines the crime.
Any part of the building is enough to satisfy the first element of the crime. Even entering a stairwell or closet on the side of the building might be enough to land a defendant in hot water. Any part of your body (and that extends to anything you’re holding, like a flashlight or phone) will count too.
How Misunderstandings Spiral into Business Burglary Charges
These charges are frequently brought against the company’s employees, former employees, or prospective customers. Often, there is some confusion among the parties about whether the defendant was supposed to be in the building and why he or she was entering.
Keep in mind that even opening an unlocked door after business hours might lead to your arrest. You might have been confused about the operating hours, or entering under the belief that you were there to meet a friend, that you had permission to enter, or that you needed to retrieve personal property you’d left behind.
After all, most businesses do open themselves to the public, and you might have had any number of reasons for entering at the time.
This is where the elements of permission and intent become crucial to your case.
The prosecution must be able to prove beyond a reasonable doubt that you did not have permission to enter and that you intended to commit a felony, assault, or theft at the time.
The state might assume the worst about your intentions, but we’re here to oppose their wild assumptions and challenge them with every ounce of our considerable legal might.
Our experienced Dallas burglary defense lawyers have made a real difference for many Texans, often resulting in dropped charges, and we’d like to fight for that outcome in your case, too.
Contact Our Dallas Burglary Defense Lawyers
Oberheiden, P.C. is here to fight for you. Contact us today; please don’t delay. Call us at 1-888-727-5154 for a free consultation.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.