August 23, 2019
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  • 5:50 pm Legal Terms In Plain English

The basic policy behind the burglary law in Texas is to protect dwellings against unauthorized entry. His idea goes back to the common law of England in which trespass was a fundamental part of the criminal law. At common law, the offense included the requirement of unauthorized entry in the night time. In modern Texas law, the idea of the dwelling consists of homes, offices, commercial buildings, temporary housing, mobile homes and nearly every kind of structure that people use.

The crime of burglary revolves around two factors. The first is the presence of a person in a place that belongs to someone else without the consent of the owner or person in possession. The second is the intent of the unauthorized person to commit a serious crime. The law covers unauthorized entry and attempts to commit a serious crime as burglary offenses. The criminal law in Texas prohibits trespass and prosecutors charge the offense as criminal trespass. Burglary requires more than the unauthorized entry; burglary must also have evidence of a specific intent. In Texas law, the offense burglary is very broad, and it depends upon evidence of an intent to commit a felony, theft, or assault.

Legal Defenses to Charges of Burglary

The prosecution must prove that the defendant enters a private place without permission. The proof must also support an intention to commit an assault, theft, or any similar serious crimes. For example, a felony assault defendant would hire an attorney in burglary offense law houston tx residents trust with their criminal defense. The government must show each element of the burglary to a court or jury; the proof must show guilt beyond a reasonable doubt. Defendants can deny the allegation, attempt to explain that there was consent to the entry, or plead an entrapment by the police or some other person.

Defense lawyers can attempt to show that the defendant had no criminal plan, or they can prove that there was a plan to do something less serious than a burglary. If a person were intoxicated, then that could negate the idea of a specific plan to commit a crime. Similarly, a person that was involuntarily intoxicated might show a lack of intent. Other lines of defense include mistaken entry, and an erroneous belief that there was permission for entry.

Criminal Justice and Social Policy

Texas is also an example of conflicts in government policy that can defeat an important purpose. The criminal law of burglary was intended to deter crime, protect persons residing in Texas, and protect property located in Texas. When the federal government uses sweeping and invasive tactics to detect persons that may reside in Texas without proper identification or proof of legal status, then people in certain areas and population groups may be deterred from reporting crimes and attempted crimes. Migrants are often victims of burglary robbery, assault, and kidnapping. While the law is firm and intends to reduce crime, border and immigration enforcement cause many of these crimes to go unreported and uncharged.