Burglary and Theft Attorney in Brown County

PROTECTING THE RIGHTS OF THOSE CHARGED WITH PROPERTY CRIMES

The legal landscape in Brown County, Texas, treats theft and burglary as serious offenses with significant consequences. Theft generally involves unlawfully taking someone's property with the intent to deprive them of it permanently. Burglary, on the other hand, goes beyond theft to include breaking and entering into a structure with the intent to commit a crime inside. 

The severity of these charges often hinges on factors such as the value of the stolen items, whether a weapon was used, and the location of the crime. Understanding these legal definitions is crucial for anyone facing such charges as it directly impacts the potential penalties and defense strategies.

Theft and other property crimes often do not get much attention in the news, because, for the most part, there is no direct interaction between the alleged offender and the victim. The crime is against the property and not the person, which makes these crimes appear less serious.

While there is less violence in these cases, law enforcement takes property crimes quite seriously. If you are arrested and charged with this type of crime, know that you can face substantial penalties. You need to reach out to the experienced lawyers at Woodley & Dudley to help understand how best to protect your rights.

Speak with a trusted burglary and theft attorney in Brown County today. We offer free consultations and flexible pricing. Call (325) 246-3250 or message us now.

Burglary Charges in Texas (Texas Penal Code Chapter 30)

In Texas, burglary is a serious offense that involves unlawfully entering or remaining in a structure with the intent to commit a criminal act. As your burglary and theft attorney in Brown County, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you.

The core elements of a burglary charge in Texas typically include:

1. Unauthorized Access: You must have entered or remained in a habitation or building without the effective consent of the owner. "Enter" means to intrude any part of the body or any physical object connected with the body.
2. Specific Structure: The unlawful access must be into:
   • A habitation: A structure or vehicle adapted for the overnight accommodation of persons (e.g., a home, apartment, hotel room, RV).
   • A building (or any portion of a building) not then open to the public: This covers commercial buildings, offices, or other non-residential structures.
3. Intent to Commit a Criminal Offense: At the time of entry, you must have had the "intent to commit a felony, theft, or an assault" inside the structure. This is a critical element. The intended crime doesn't have to be theft; it could be assault, a sex offense, or any other felony. If the intent to commit a crime only forms after you've lawfully entered the structure, it is not burglary.

Degrees of Burglary in Texas 

The degrees of burglary in Texas (Texas Penal Code § 30.02) are categorized by severity:

• Burglary of a Habitation: This is considered the most serious form of burglary.
  • If the intent was to commit a felony other than theft or commit or attempt to commit a felony other than felony theft, it is a First-Degree Felony (5 to 99 years or life in prison).
  • If the intent was only to commit theft, it is a Second-Degree Felony (2 to 20 years in prison).
• Burglary of a Building (other than a habitation): This is a State Jail Felony (180 days to 2 years in a state jail facility).
• Burglary of Vehicles (Texas Penal Code § 30.04): A person commits this offense if they break into or enter a vehicle or any part of a vehicle with intent to commit any felony or theft, without the owner's consent. This is generally a Class A Misdemeanor (up to 1 year in county jail, up to $4,000 fine).

The nuances of intent, the type of structure, and the presence of specific aggravating factors make it imperative to have a seasoned burglary and theft attorney in Brown County on your side.

Theft Charges in Texas (Texas Penal Code Chapter 31)

Theft in Texas encompasses a wide range of actions involving the unlawful taking of property. The severity of a theft charge is almost always determined by the value of the property stolen and, in some cases, the type of property or the circumstances of the theft. As your Brown County theft lawyer, we will ensure you understand the specific classification and potential penalties associated with your charge.

The core elements of a theft charge (Texas Penal Code § 31.03) are:

1. Unlawful Appropriation: You must unlawfully take or acquire property.
2. Intent to Deprive: You must have the intent to deprive the owner of their property permanently.

Degrees of Theft in Texas 

Texas classifies theft offenses by value, ranging from a Class C misdemeanor to a First-Degree Felony:

• Class C Misdemeanor: Value of property is less than $100. (Fine up to $500).
• Class B Misdemeanor: Value of property is $100 or more but less than $750. (Up to 180 days in jail, up to $2,000 fine). This includes theft of a driver's license, commercial driver's license, or personal identification certificate.
• Class A Misdemeanor: Value of property is $750 or more but less than $2,500. (Up to 1 year in jail, up to $4,000 fine). This includes theft from a person or from a human corpse/grave, regardless of value, and theft of a firearm.
• State Jail Felony: Value of property is $2,500 or more but less than $30,000. (180 days to 2 years in a state jail facility, up to $10,000 fine). This also includes theft of certain livestock (less than 10 head) regardless of value, or theft of scrap metal valued between $2,500 and $20,000.
• Third-Degree Felony: Value of property is $30,000 or more but less than $150,000. (2 to 10 years in state prison, up to $10,000 fine). This includes theft of certain livestock (cattle, horses, etc.) regardless of value, or theft of a controlled substance from a commercial building or vehicle.
• Second-Degree Felony: Value of property is $150,000 or more but less than $300,000. (2 to 20 years in state prison, up to $10,000 fine). This also includes theft of an ATM or its components, regardless of value below $300,000.
• First-Degree Felony: Value of property is $300,000 or more. (5 to 99 years or life in state prison, up to $10,000 fine).

Comprehensive Burglary and Theft Defense Strategies in Texas

Successfully defending against burglary and theft charges in Texas involves dissecting criminal intent and challenging the prosecution's evidence. For theft charges, a primary defense is arguing lack of intent to permanently deprive the owner, such as intending to return the property or genuinely believing you had a right to it. 

For burglary, we challenge the intent to commit a criminal offense at the time of unlawful entry, arguing any criminal intent formed later or that entry was for a non-criminal purpose. We also scrutinize whether entry was truly unlawful or without consent, demonstrating permission or good faith belief of permission.

Further defense strategies include asserting mistaken identity or false accusation, and for theft, challenging the valuation of stolen property to reduce charge severity. We meticulously examine for illegal search and seizure or other police misconduct and procedural errors that could lead to evidence suppression. An alibi defense is pursued if verifiable, and we highlight insufficient evidence to create reasonable doubt. 

Finally, for eligible first-time offenders, we seek diversion programs or deferred adjudication to avoid conviction, and relentlessly negotiate plea bargains for reduced charges or lesser penalties, preparing for aggressive trial defense if necessary.

A Team Committed to Your Defense Needs

Our attorneys have decades of combined legal experience handling complex theft cases. We have appeared throughout the courtrooms of Central Texas on behalf of our clients who have been charged with serious crimes. We want you to know that we are focused on fighting back for you in order to ensure that you have a fair opportunity to tell your version of events.

Some of the various types of property crime cases that we handle include:

• Burglary, or breaking and entering a home or business
• Theft of another person’s property
• Retail theft or shoplifting
• Embezzlement
• Identity theft
• Use of stolen credit cards or checks

In some of these cases, the offender may be in possession of a firearm at the time the crime is committed. If you have a weapon when committing these crimes, it is possible that the penalties could be substantially enhanced.

You need to take all criminal charges seriously. Even a minor theft conviction can have an impact upon your future, especially if you have a prior criminal history. Our criminal defense attorneys will explain the charges to you, and help you understand the effect this has on the big picture. We explore all of the defense options available to us, and work with you to build a defense that gives you the best possible chance of accomplishing your specific objectives.

How Woodley & Dudley Approaches Defense Cases

At Woodley & Dudley, we understand that facing theft or burglary charges can be a daunting experience. Our approach is rooted in compassion, thorough analysis, and a firm commitment to safeguarding your rights. Our first step involves a comprehensive review of your case, examining the evidence and identifying any procedural errors or rights violations that may have occurred. Our goal is to provide a defense strategy that aligns with your unique needs and legal circumstances.

We leverage our extensive experience, cultivated over decades in the Brown County legal system, to anticipate and counter the prosecution's moves effectively. Our defense tactics may include contesting the admissibility of evidence, negotiating plea deals where appropriate, and, if necessary, vigorously defending your case in court. By maintaining open communication, we ensure you are fully informed and involved throughout the legal process, empowering you to make informed decisions.

Free Consultation With Compassionate Criminal Defense Lawyers

We are here to help you defend yourself against any criminal charges regarding property crimes. 

To schedule your free consultation, call (325) 246-3250  in  or contact us to arrange your appointment.

Frequently Asked Questions About Theft and Burglary Charges in Brown County

What Penalties Could I Face for Theft or Burglary in Brown County?

Penalties for theft and burglary in Brown County depend on the value of the stolen property and the specifics of the offense. Theft under $100 may lead to a Class C misdemeanor and a small fine, while property valued over $300,000 can result in a first-degree felony and potentially life in prison. Burglary charges range from state jail felonies to first-degree felonies, especially if the crime involved a home or posed a threat to safety. Beyond criminal penalties, you may also face civil liability. These high stakes make legal representation critical.

How Can Woodley & Dudley Help With My Case?

Our firm provides a detailed review of your case, challenges the prosecution’s evidence, and develops a personalized defense strategy. Whether negotiating reduced charges or fighting for dismissal, we draw on our experience with the Brown County courts to protect your rights. We’re committed to keeping clients informed and supported every step of the way.

Why Should I Hire a Lawyer Right Away?

Early legal action gives your attorney more time to investigate, preserve evidence, and speak with witnesses—before the prosecution builds their case. Acting quickly can improve your chances of favorable plea deals or case dismissal. In Brown County, where court schedules can move swiftly, timing is especially important.

Can Theft or Burglary Charges Be Reduced or Dismissed?

Yes, depending on the facts of your case. If there are procedural errors, insufficient evidence, or mitigating factors, charges can potentially be reduced or even dismissed. Woodley & Dudley evaluates every legal avenue to reach the best possible result, whether through negotiation or courtroom defense.

Will a Conviction Stay on My Record Permanently?

In many cases, yes—a theft or burglary conviction can result in a permanent criminal record, which may affect employment, housing, and other opportunities. However, in some situations, record sealing or expungement may be available. We can help determine your eligibility and guide you through the process if applicable.

What If I’m Innocent or It Was a Misunderstanding?

Many theft and burglary cases stem from misidentifications, misunderstandings, or circumstantial evidence. If you’ve been wrongly accused, we’ll aggressively challenge the prosecution’s version of events and ensure your side is clearly heard. False accusations don’t have to define your future—with the right defense, you can protect your name and freedom.

Does It Matter If I’ve Never Been in Trouble Before?

Yes—first-time offenders may be eligible for more favorable outcomes such as diversion programs, reduced sentencing, or case dismissal. We leverage your clean record as part of a well-rounded defense strategy aimed at keeping your future intact.

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