Austin Home Invasion Attorney
The crime of burglary, involving home invasion, is a felony in Texas that can lead to severe penalties upon conviction and damage your ability to get a job or obtain credit for years to come. If you face home invasion charges in Austin, Texas, you need to engage an experienced defense attorney who will fight for you.
The Travis County burglary defense attorneys of Minton, Bassett, Flores & Carsey, P.C., have represented people facing charges of burglary and home invasion in Austin, TX, for more than 50 years. While every criminal case stands on its own, the number of favorable results we have obtained for clients demonstrates that not every criminal charge is valid.
Each criminal charge filed has its own facts that deserve to be closely examined and questioned on behalf of the individual facing the charges. The home invasion attorneys at Minton, Bassett, Flores & Carsey, P.C., will stand up for you as you face charges in the Travis County criminal justice system and offer trusted guidance at every step in the process.
Contact us today for a free initial consultation about your home invasion charges.
Home Invasion Law in Texas
Home invasion is a type of burglary in which the perpetrator enters a dwelling with the intent to commit a crime – such as assault or robbery – while lawful residents of the dwelling are present. Texas burglary statutes refer to a dwelling as “a structure or vehicle that is adapted for the overnight accommodation of persons.”
Texas Penal Code says the offense of burglary occurs if, without consent of the owner, a person:
- Enters a habitation or a building not open to the public at the time with the intent to commit a felony, theft, or assault; or
- Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Penalties in Texas for Burglary and Types of Home Invasion
In most cases, burglary of a habitation in Texas is a second-degree felony punishable by 2 to 20 years in prison and a possible fine of up to $10,000.
But a home invasion that involves committing or attempting a felony other than felony theft – such as aggravated assault, sexual assault, injury of a child, or kidnapping – is a first-degree felony punishable by 5 to 99 years in prison and a possible fine of up to $10,000.
Burglary of a building that is not a habitation is a state jail felony punishable by 180 days to 2 years in jail and a possible fine of up to $10,000. However, an individual who was in possession of a deadly weapon or who had previously been convicted of a felony would be charged with a third-degree felony.
A third-degree felony is punishable by 2 to 10 years in prison and a possible fine of up to $10,000.
Burglary of a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse, and with the intent to steal a controlled substance, is charged as a third-degree felony.
It is important to remain as calm as possible if you are arrested and charged with a home invasion or any burglary offense. Do not try to talk the police into dropping the burglary charges. They won’t accept your version of what occurred and may use anything you say against you. You should tell the police that you decline to answer questions until you have spoken with your defense attorney. A prosecutor may use any statements you give to prove you are guilty of the charges filed.
You should exercise your right to remain silent and contact Minton, Bassett, Flores & Carsey, P.C., at your first opportunity.
The Role of a Home Invasion Lawyer and Defenses For Home Invasion Charges
If you’ve been accused of participating in a home invasion in Austin, you should contact an experienced criminal defense lawyer as soon as possible. Crimes labeled as home invasions tend to be sensationalized by local media. That puts pressure on local prosecutors to pursue convictions. You can expect to face the strongest home invasion charges available and the harshest possible penalties if convicted. You need to establish an even stronger defense.
Remember that an arrest doesn’t automatically mean that you’ll be convicted or that you’ll suffer the harshest punishment allowed by law. The burden is on the prosecution to prove that you are guilty beyond a shadow of a doubt. An experienced home invasion defense attorney with Minton, Bassett, Flores & Carsey, P.C., can help you fight the home invasion charges you are facing. With a strong defense, it may be possible to get the charges against you reduced or dropped, depending on the circumstances of your case.
As your criminal defense attorneys, we would investigate to determine the strength of the prosecution’s case and the weaknesses in the case. Individuals who discover an alleged burglar in their home are frightened and confused. Their statements to the police in the immediate aftermath of such an experience are not always reliable. This can create doubt, particularly about the identification of suspects based on statements from traumatized witnesses.
Other potential issues we would examine in preparing a home invasion defense include:
- Police misconduct, such as failure to advise you of your Miranda rights against self-incrimination, or an illegal search and seizure, or arrest
- Chain of custody issues with evidence, such as a weapon allegedly used or property alleged to have been stolen
- Your ability to establish an alibi that when the incident in question occurred, you were somewhere else
- Your genuine belief the property was open to the public at the time of the alleged burglary or that you had permission to enter the property
- Lack of intent to commit a crime due to mental impairment that precluded the ability to form intent
- Coercion, duress, or inducement by another
Because our firm’s attorneys have established professional relationships with Travis County prosecutors, we are able to reach out immediately if there are possibilities for negotiating reduced or dismissed charges. Sometimes prosecutors will downgrade or dismiss charges when the defendant has a clean record and expresses remorse and willingness to pay restitution.
If a trial is necessary, we will provide you with a strong defense. If a conviction cannot be avoided, we will work to negotiate a plea agreement with the most favorable sentence available to you.
The outcome of your case is not predetermined. Contact an experienced Austin home invasion defense lawyer to get the help you need.
How To Choose the Right Home Invasion Lawyer in Austin, TX?
The outcome of your case is largely dependent on having the right defense attorney in your corner. Criminal law is complex. It is essential to work with a lawyer who has extensive experience defending against the charges you face. You need to be comfortable talking openly with your attorney and asking questions when you don’t understand what is happening.
Many people seek referrals from friends when they need an attorney. Most criminal defense attorneys offer a free initial consultation. If you or a loved one is incarcerated, you should contact an attorney immediately.
Since 1963, Minton, Bassett, Flores & Carsey, P.C., has been the go-to law firm for people facing criminal charges in Central Texas, including those accused of burglary and home invasion crimes. We are proud of what our clients say about us and the recognition we’ve received for our work on behalf of our clients. Minton, Bassett, Flores & Carsey, P.C., has been named to the Super Lawyers and The Best Lawyers in America lists. Martindale-Hubbell also gave us an AV® rating, the top rating a lawyer can receive.
At Minton, Bassett, Flores & Carsey, P.C., we consider it our great privilege to advocate on behalf of our clients as they navigate challenging times in their lives.
Hire Our Experienced Home Invasion Lawyers in Austin, TX Today
If you are facing home invasion burglary charges in Austin, it is important that you promptly engage an experienced Austin home invasion attorney to defend your rights and liberty. The longer prosecutors have to build their case against you without a defense attorney acting on your behalf, the more challenging the fight for your rights becomes.
In the Austin, TX, area, contact the seasoned legal team at Minton, Bassett, Flores & Carsey, P.C., for experienced legal help with home invasion charges. We are committed to giving our clients the personalized attention they deserve and defending them as aggressively as possible. Call us or contact us online now.