Fort Bend County Burglary Defense Attorney

Winner of the 2015 Clients’ Choice Award in Criminal Defense

Legally speaking, burglary is a combination of theft charges and trespassing. As a result, burglary charges must prove two elements to the crime: unlawful entry, and the intent to commit a felony, theft, or assault. Without these proofs, the prosecution would be forced to charge a defendant with lesser charges or individual crimes (such as theft).

Burglary charges come with multiple levels, from Class A misdemeanor (vehicle burglary) to first-degree felony charges (burglary of a home to commit multiple felonies). If you’ve been accused of burglary, you need to start protecting your rights as soon as possible.

Burglary is defined in 3 ways:

  • Entering a building or habitation and committing or intending to commit a felony, theft, or assault
  • Remaining concealed in a building or habitation with intent to commit a felony, theft, or assault
  • Entering a habitation or building “not then open to the public” intending to commit a felony, theft, or assault.

To be charged with burglary, “entering” the premises would only require any part of the body or an object to be inside the building. For example, if a person was caught with their arm inside a window trying to unlatch it from the inside, that would result in a burglary arrest.

The Sims Law Firm is led by an experienced former prosecutor with a reputation for getting results—call (713) 766-1445 to schedule a free case consultation today.


Burglary penalties depend entirely on the circumstances of the crime:

  • Burglary of a building that is not a habitation would be considered a state jail felony, resulting in up to 2 years in prison and $10,000 in fines.
  • Burglary of a habitation is a second-degree felony, punishable by up to 20 years.
  • Burglary of a habitation with intent to commit a crime in addition to theft (such as assault or homicide) is a first-degree felony—up to 99 years in prison, or a life sentence.
  • Burglary of a vehicle is usually considered a Class A misdemeanor (up to a year in jail), but if it is a repeat offense, the defendant will be charged with a state jail felony.

Committing burglary while armed, for example, would indicate that a person intended on committing a crime other than theft—increasing the charge to a first-degree felony. Proving the intent of the defendant is a key way to limit the penalties of a burglary charge.

Contact The Sims Law Firm, PLLC

Attorney Brandon Sims is a former prosecutor who is familiar with the tools, resources, and strategies of your accusers. If you’re looking for an attorney who understands what you’re going through, as well as understands how the prosecution is building a case against you, you’ve come to the right place. Our work is founded on thorough, meticulous investigation.

Our case investigations protect your rights by:

  • Contacting witnesses who corroborate your side of the story
  • Retrieving any audio and video files that strengthen your case
  • Issuing subpoenas in order to get the resources you need
  • Conducting thorough legal research to develop your case
  • Challenging any groundless or unjust charges levied against you

Call (713) 766-1445 to schedule your free consultation. We can get you answers and begin defending your rights as soon as you call.

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