Houston Burglary Defense Lawyer

In Texas, burglary is not just “breaking in” — it is entering a building or habitation without consent with the intent to commit a felony, theft, or assault. You can be charged even if nothing was ultimately taken. Attorney Sara Roque defends the full range of burglary allegations.

Types of Burglary Charges

• Burglary of a Habitation — a 2nd-degree felony (2–20 years); 1st-degree if intent was another felony.
• Burglary of a Building — a state-jail felony (180 days–2 years).
• Burglary of a Vehicle — a Class A misdemeanor, felony on repeat offenses.
• Burglary of a Coin-Operated Machine.

The Key Element: Intent

The State must prove you intended to commit a crime when you entered. Presence alone is not enough. Undermining the intent element — or consent, or identification — is often the core of the defense.

How Attorney Sara Roque Defends You

• Challenging intent and whether entry was unlawful.
• Disputing identification and forensic evidence.
• Raising consent and mistaken-property defenses.
• Suppressing illegal searches and statements.

Frequently Asked Questions

Is burglary a felony?

Usually yes, but the level depends on the structure and intent. Some can be reduced to trespass or theft.

Do they need to prove I took something?

No — burglary is about unlawful entry with intent, not completed theft.