Can I Be Convicted of Burglary in Texas if I Did Not Intend To Commit a Crime?

 Posted on August 25, 2025 in Criminal Defense

A burglary arrest can start with a mix-up about permission, a shared space, or even a wrong address. What turns an entry into a serious charge is not the rumor mill. It is what you meant to do when you went inside. Before you decide your next step, it helps to understand how intent is judged, why the location matters, and what evidence can clear up misunderstandings, and a Georgetown, TX burglary defense attorney can help.

What Is the Role of Intent in a Burglary Case in Texas?

Intent in this context means what you plan to do at the moment you enter the location in question. Under Texas Penal Code §30.02, the State can prove burglary by showing you entered without consent and intended to commit a felony, theft, or assault. They may also show you actually tried or did one of those crimes after entry. Because people rarely announce their plans, prosecutors lean on clues, for example, if a suspect forced doors open, entered late at night, ran when discovered, or was found with property belonging to someone else. Your defense adds context to show that your intentions were not to commit a crime. Jurors can use common sense, but they cannot fill gaps with speculation.

What Factors Affect the Severity of a Burglary Charge in Texas?

Where the entry happened matters. A home is treated more seriously than a closed store or storage unit. If someone was present or hurt, it can lead to more severe penalties, and a prior record can expand the punishment range. Different places can also trigger different laws. 

For example, Texas Penal Code §30.04 covers burglary of a vehicle, which is usually a misdemeanor, though repeat convictions can increase the consequences. By contrast, an alleged break-in at a residence under §30.02 can be a higher-level felony, especially if the State claims you had a plan to commit a serious felony inside.

How Do You Prove That You Did Not Have the Intent To Commit Burglary in Texas?

You tell your story with clear proof, not just explanations. This may involve:

• Consent or a lawful reason: Texts, emails, keys, work orders, or witness statements can show permission or an honest belief that you had it.

• Ordinary behavior: No tools, no disguise, no lookout, and no effort to hide can indicate that you did not plan to steal or harm.

• Video footage and other physical evidence: If nothing was taken and you left quickly, that supports your claims that you were there for a non-criminal purpose.

• Identity issues: Poor lighting, brief sightings, and obstructed visibility can create real doubt about who was inside and lead to mistaken identity.

• Police procedure: If officers made an illegal stop or search, your lawyer can try to suppress evidence that the State is relying on for the case against you.

When the facts show only an unauthorized entry and nothing more, your attorney can push for a reduction to criminal trespass under Texas Penal Code §30.05. Early advocacy helps. Presenting records of consent to be there, phone data, and witness statements to a grand jury can lead to a no-bill, which can discontinue the case, or to a lesser charge before trial.

Schedule a Free Consultation With an Austin, TX Burglary Defense Attorney Today

A burglary arrest is not a conviction. You still have the right to challenge the charges against you, and you deserve a defense that explains why you were there and what really happened. Attorneys Novert Morales and Jack Ladd at Morales Law Office, Attorneys at Law, PLLC., have more than 50 years of combined legal experience. Working with us means you will get honest advice and an advocate who fights to protect your record and your future. We also offer services in Spanish. Call 512-474-2222 today and schedule your free consultation with our Georgetown, TX burglary defense lawyers.