Defending against a burglary charge in Texas

On Behalf of | Nov 21, 2022 | Criminal Defense

Burglary is a serious crime in Texas and around the country. A verdict of guilty can result in time in jail or a fine. Building a strong defense is the best way to fight an accusation. If you’re a defendant facing burglary charges, here are some defenses you might use during a trial.

Proclaim innocence

Proclaiming innocence is the simplest response to a burglary accusation. In many criminal defense cases, defendants deny they had anything to do with the crime. The defense then presents evidence to convince the court the defendant is innocent.

The entire incident is a misunderstanding

A defendant can admit to engaging in the behavior. However, they also claim that there was no crime. This criminal defense tactic claims the entire occurrence is simply a misunderstanding.

The defense can put forth several claims. They can argue that the owner of the property gave consent for the defendant to enter. And because the defendant had permission, there was no breaking and entering. The defendant can also claim they believed they had consent to access the property.

No intent to commit a crime

Intention plays a part in deciding a person’s guilt or innocence when charged with burglary. The defendant can claim they had no intentions of committing a crime after breaking into the structure. Perhaps their judgment was cloudy because they were drunk, high on drugs, mentally ill or under duress.

Victim of entrapment

Entrapment involves tricking someone into committing a crime. In this case, a defendant can argue they were tricked into committing burglary. Furthermore, the defendant can claim they never would’ve committed the crime if not entrapped.