Fort Worth Burglary with Assault Attorney
Burglary is most commonly associated with breaking into a home to steal items, though this is only one type of activity that falls under the burglary statute. In Texas, burglary can also apply to breaking into a home or another building to commit assault or another felony charge. If you are accused of burglary with assault, you are facing potentially serious penalties if you are convicted. You want the defense representation of a Fort Worth burglary with an assault lawyer right away.
Burglary Charges in Texas
In order to be convicted of burglary in Texas, the prosecutor must first prove that you did one of the following:
- Entered a building or habitation without permission
- Concealed yourself to remain in a building or habitation without permission
The prosecutor must then show that you did one of the above with the intent to commit a theft, assault, or felony or that you actually committed a theft, assault, or felony offense.
There are elements that allow a prosecutor to enhance burglary charges. One of these is that the burglary was committed with the intent to commit an offense other than theft - such as assault.
In addition, the charges will be more severe if the burglary involved a habitation where someone lives instead of a commercial property. In fact, charges can automatically increase from a state jail felony (for burglary allegations of a commercial property) to second-degree felony charges (for a habitation). This means the potential penalties also significantly increase.
Some penalties possible for burglary charges involving a habitation include:
- Two to 20 years in Texas state prison
- $10,000 fine
If the prosecutor alleges you burglarized a habitation with the intent to commit assault, the charge can be enhanced even more to a first-degree felony. This can mean 15 years to life in prison if you are convicted. Charges can also be enhanced if you are accused of using a deadly weapon in the course of the offense.
Assault Charges in Texas
If the prosecutor believes they have evidence that you went through with the assault during the burglary, you will likely face assault charges as well. These charges can vary depending on the type of assault, and they might include:
- Simple assault - This involves intentionally causing injury or offensive contact or threatening someone with imminent bodily harm. This is often a misdemeanor charge, though jail time and costly fines are possible.
- Aggravated assault - Prosecutors can enhance assault charges if aggravating factors exist, which include intentionally causing serious injury or using a deadly weapon. This is a serious felony charge.
- Sexual assault - Many people face allegations of sex crimes when they break into a home or building. Sexual assault comes in many forms and is generally a serious felony offense.
- Domestic assault - If the assault takes place against family members, former or current romantic partners, parents of shared children, or similar individuals, you can be charged with domestic assault.
Learn How an Aggressive Fort Worth Burglary with Assault Lawyer Can Help
Burglary with assault cases are serious matters, and you want highly experienced Fort Worth criminal defense attorney Kyle Whitaker handling your case and protecting your rights. Call 817-332-7703 or contact us online for more information about how we can assist you.