Burglary Attorney in Houston

Trial-Ready Burglary Defense in Houston Since 2016

A burglary charge in Texas is almost always a felony. That means prison time, substantial fines, and a permanent record that follows you long after any sentence ends. Harris County prosecutors pursue these cases hard, and the decisions made in the first hours after an arrest can shape everything that follows.

Alexander J. Houthuijzen, Attorney-at-Law is a Downtown Houston criminal defense firm led by trial attorney Alexander J. Houthuijzen, licensed in Texas since 2016. We don’t steer clients toward the fastest resolution. We build a defense with you, keep you informed at every stage, and take your case to trial in Harris County when that’s what your situation demands.

Facing a burglary charge in Houston? Contact us for a free consultation by phone or through our online contact form. Hablamos español. Call (713) 600-9902 to speak with us today.

What Texas Law Says About Burglary

Texas Penal Code Section 30.02 defines burglary three ways. A person commits the offense if, without the effective consent of the owner, they enter a habitation or building not open to the public with intent to commit a felony, theft, or assault; remain concealed inside with that intent; or enter and actually commit or attempt to commit a felony, theft, or assault. All three paths require unlawful presence and either criminal intent or a completed criminal act.

One aspect of the statute surprises many people: “entry” under Texas law means intruding with any part of the body or any object connected to the body. No forced entry, broken lock, or fully crossed threshold is required. You can also be charged with burglary even if no theft was completed. Entry with intent is enough.

The law draws a sharp line between a habitation (a structure adapted for overnight accommodation, such as a house, apartment, hotel room, or RV) and a building (an enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use). That distinction drives the penalty tier.

Penalty Ranges for a Texas Burglary Conviction

Where your charge falls on the felony scale depends on what was entered and what was alleged to have happened inside.

Burglary of a motor vehicle: Class A misdemeanor. Up to one year in jail and a fine up to $4,000.
Burglary of a non-residential building: State jail felony. 180 days to two years in a state jail facility and a fine up to $10,000.
Burglary of a habitation: Second-degree felony. Two to 20 years in prison and a fine up to $10,000.
Burglary of a habitation with intent to commit a felony other than theft: First-degree felony. Five to 99 years or life in prison and a fine up to $10,000.

Two enhanced classifications took effect February 6, 2024: burglary of a commercial building where a controlled substance is generally stored (such as a pharmacy, clinic, hospital, or nursing facility) with intent to steal a controlled substance is a third-degree felony, and burglary of a non-habitation building committed in the course of a human smuggling offense under Section 20.05(a)(2) is also a third-degree felony. Beyond these tiers, aggravating factors including use of a deadly weapon, causing bodily injury, and prior felony convictions can push a charge higher. Prior deferred adjudications count toward enhancement determinations.

Why Houston Clients Choose Alexander J. Houthuijzen, Attorney-at-Law

Alexander J. Houthuijzen was selected to Rising Stars in 2025, but what distinguishes this firm in practice is how the work gets done. You communicate directly with Alex at every stage. Strategy decisions aren’t made and handed to you afterward. They’re made with you, because you’re part of the defense team.

We act precisely when precision matters most. When the prosecution’s case is weak, we press that advantage. When the evidence warrants taking a burglary case to trial at the Harris County Criminal Justice Center, we do. That trial readiness shapes every negotiation and every filing.

Consultations are free. Reach us by phone or through our online contact form. Hablamos español.

Common Defenses Against Burglary Charges in Texas

The prosecution carries the burden of proving every element of a burglary charge beyond a reasonable doubt. That requirement creates real openings for a well-prepared defense.

Lack of Intent

Intent is the element most often in dispute. The state must prove the defendant intended to commit a felony, theft, or assault at the moment of entry. Mere presence in a location, without that specific intent, isn’t enough for a burglary conviction. When the evidence of intent is thin or circumstantial, this is a direct line of attack.

Consent

Burglary requires entry “without the effective consent of the owner.” If permission to be on the property existed, that element fails. Consent defenses depend heavily on the facts, but they can defeat the charge.

Mistaken Identity & Alibi

Identification evidence in burglary cases is often circumstantial. Surveillance footage, witness descriptions, and cell data all carry weaknesses worth scrutinizing. A solid alibi places the defendant somewhere else at the time of the alleged offense.

Insufficient Evidence

We examine every piece of evidence the prosecution intends to use, including surveillance footage, physical evidence, and witness testimony. Weaknesses in any of these can undermine the state’s case before trial or in front of a jury.

Constitutional Violations

If law enforcement violated Fourth Amendment protections during a search or seizure, or Fifth or Sixth Amendment rights during questioning, the evidence obtained may be suppressible. We examine every stage of the arrest and investigation for these violations and move to suppress improperly obtained evidence when grounds exist.

When the evidence supports unlawful presence but not the intent element, the charge may be reducible to criminal trespass, a misdemeanor. That distinction can mean the difference between a felony record and one that doesn’t follow you in the same way.

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What a Burglary Conviction Costs Beyond the Sentence

Prison time and fines are the headline consequences. The collateral ones often last longer.

Employment: A felony record appears on background checks and closes doors with many employers, affecting earning potential for years.
Housing: Landlords routinely screen for felony convictions, making it harder to secure rental housing after release.
Professional licenses: Nursing, teaching, and many other regulated professions can deny or revoke a license following a felony conviction.
Firearm rights: A felony conviction results in serious restrictions on the right to own or possess a firearm. Under Texas Penal Code Section 46.04, a felony conviction prohibits firearm possession, with only a narrow exception allowing limited home possession after five years from completion of the sentence. Federal law imposes a stricter, indefinite ban under 18 U.S.C. § 922(g).
Immigration: For non-U.S. citizens, a felony burglary conviction can trigger deportation proceedings or a finding of inadmissibility.
Voting rights: A felony conviction suspends the right to vote for the entire length of the sentence, including any period of incarceration, parole, or probation. Rights are restored automatically once the sentence is fully discharged.
Financial aid: Eligibility for federal student aid can be affected by a felony conviction, limiting access to higher education.

The collateral impact of a conviction frequently outlasts the sentence itself. That reality is part of why we treat every case as worth fighting.

What to Do After a Burglary Arrest in Houston

After a Houston burglary arrest, you’ll be taken to Harris County Jail and appear before a magistrate at the Harris County Criminal Justice Center, where bond is typically set. From there, the process moves through arraignment, pretrial hearings, potential plea negotiations, and, when necessary, a jury trial. Houston courts move quickly, and discovery deadlines mean that early attorney involvement can affect what’s possible.

The most important thing you can do immediately is invoke your right to remain silent. Statements made to law enforcement before an attorney is present can be used against you. Don’t try to explain or clarify. Exercise that right and call us.

Evidence is also time-sensitive. Witness recollections fade. Surveillance footage gets overwritten. The earlier we begin building your defense, the more we have to work with. Alexander J. Houthuijzen, Attorney-at-Law provides clear guidance on what to expect at each stage of the Harris County court process, from arraignment through trial. Call (713) 600-9902 or reach us through our online contact form to start that conversation now.

Get a Free Burglary Defense Consultation in Houston

A burglary charge moves fast once it enters the Harris County system. The sooner you have a defense attorney involved, the more options may stay open. We offer free consultations by phone or through our online contact form, and we serve clients throughout Houston and Harris County.

You’ll speak directly with Alex, not a case manager or intake coordinator. That direct access continues throughout every phase of your case. Hablamos español.

Call (713) 600-9902 to schedule your free consultation with Alexander J. Houthuijzen, Attorney-at-Law today.

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"A lot of lawyers write on their websites that they "fight" and that they work "tirelessly" for their clients. The truth is that being a lawyer is more than just fighting or working tirelessly. It's knowing what to do at the right moment to get a fantastic result for a client. ?I go to trial if I have to. I fight if I have to. But most of the time, my job is to help people who cannot help themselves."

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