What is Burglary in Plano, Texas?

Burglary in Plano is a property crime that involves accessing someone else’s property without the owner’s consent, with the intent to execute a crime. Furthermore, a person may potentially be charged with burglary if they overstay their welcome. This suggests that, if with the aim of committing a crime, a person refuses to leave the premises of a house or business into which they were initially admitted at the owner's request, the individual may be considered a burglar.

It is worth mentioning that regardless of whether or not the individual managed to carry out the crime they planned, they may still be charged with burglary, as long as they did not have the owner’s consent to enter a property. This is because, while burglary is generally linked with stealing, the prosecution does not need to establish that a defendant took anything to pursue a burglary case successfully. They need merely establish that the accused broke into a building to commit a crime.

Depending on the details of the case, burglary may be prosecuted as a state jail felony, felony of the 2nd-degree, or felony of the 1st-degree. The felony of the 1st-degree is the highest possible burglary charge in Plano, and it has the most severe penalties.

Furthermore, specific acts by a defendant during the crime might result in the burglary charge being prosecuted as a more serious criminal offense. These actions may also lead to the defendant being charged with additional offenses. Examples of such actions include:

• Entering an occupied residence or a vehicle that is being used as a residence (home invasion)
• Possession of  a firearm during the execution of the crime
• Carrying  burglary tools or equipment meant to confine another person
• Possession of prohibited narcotics
• Property damage (vandalism) occurring during or after a burglary 
• Passing through a secured gateway using forged identification
• Threatening a guard or an occupant to obtain entry into a property.

According to the Federal Bureau of Investigation (FBI), Plano has seen a constant drop in property crimes such as burglary over the past few years. In 2017, the city’s law enforcement reported 728 burglary instances. Also, 671 cases were reported in 2018, and 630 cases in 2019.

What is the Difference Between a Robbery and Burglary in Plano, Texas?

Robbery and burglary are two crimes that are comparable yet distinct from one another. Robbery happens when someone takes another person’s property by force or intimidation. In contrast, a burglary occurs when someone enters a building or property with the intent to steal or perform another crime while within the structure. 

As a result, a major distinction is that robbery necessitates acting with some form of force or threat of force or violence, while burglary can be committed without the perpetrator displaying any form of hostile or threatening conduct. The main requirement for a burglary charge is that someone enters a structure with the purpose of stealing. There is no emphasis on the person’s level of hostility. 

It is important to note that robbery is classified as a second-degree felony in Plano. However, in circumstances where the robbery results in significant bodily injury, the crime is perpetrated against an elderly or disabled person, or if a dangerous weapon is used, the crime may be escalated to a first-degree felony charge.

Overall, robbery is typically considered a more violent crime than burglary due to the necessary element of violence. Plano city reported 119 cases of robbery in 2017, 112 in 2018, and 144 instances in 2019.

How to Beat a Burglary Charge in Plano, Texas

Burglary is a serious crime in Plano, and the consequences may be severe. As a result, anybody charged with a crime is urged to obtain legal representation from an experienced and dedicated attorney. A good criminal defense attorney may be able to get the accusations dropped or the charges reduced. 

For instance, depending on the circumstances of a case, it may be possible to have burglary charges reduced to criminal trespass. Trespassing constitutes entering a building without permission. This crime is classified as a Class-B misdemeanor and carries a lesser punishment a burglary. As such, if an attorney can prove that an alleged burglary crime is actually a criminal trespass case, the charges may be reduced and so will the associated penalties.

In general, an experienced attorney is familiar with the applicable law(s) and knows how the courts operate. They are skilled at fighting the allegations in court with defenses that are based on as many facts and legal arguments as necessary.

The following are some of the defenses that a Plano criminal attorney might employ to defend the accused:

• Innocence or false accusation
• Error in factual information
• Mistaken identity
• Insanity proving lack of intent
• Police errors
• Violations of human rights
• Failure to present sufficient evidence to prove the charges against the accused beyond a reasonable doubt. 

What are the Degrees of Burglary in Plano, Texas?

Burglary convictions in Plano result in a range of sentence options, which may vary based on the specific type of burglary incident that the individual was convicted of, and their prior criminal history. Burglary charges are typically classified based on the location of the offense. They include:

• Burglary of habitation or residence
• Burglary of a non-habitation building
• Burglary of a vehicle.

Burglary is usually categorized as a state jail felony and is punished by up to 2 years in state prison and a fine of up to $10,000. But, if the crime is perpetrated within the confines of a residence or habitation, it is categorized as a second-degree felony. Second-degree felonies are punished by imprisonment for 2 to 20 years and a fine not exceeding $10,000.

Suppose the act involves breaking and entering a residence with the intent to conduct violence or a criminal act other than stealing, it will be classified as a 1st-degree felony punishable by 5 to 99 years in prison or life in prison, and by a maximum fine of $10,000.

It is important to note that repeat offenders face harsher punishments.

Residential Burglary vs Commercial Burglary

Residential burglary in Plano, Texas, is regarded as burglary that takes place inside a residence or habitation. It occurs when a person enters a house to commit a crime while inside the property. Texas law defines a habitation as a structure or vehicle adapted for overnight accommodations. Therefore, a habitation encompasses any of the following places where a person maintains their primary residence or where they reside temporarily:

• Structure or building
• House
• Room
• Tenement
• Apartment
• Boat
• House trailer
• Vehicles such as an RV (recreational vehicle).

In contrast, commercial burglary constitutes entering a place of business with the intent of committing a crime. Plano's business or business structures include any structures or buildings used primarily to conduct a business for educational, industrial, philanthropic, or political purposes.