Burglary Defense

If you’ve just been arrested for burglary in Travis County, you probably have a thousand questions racing through your mind. What can I do now? What is the process? Will I go back to jail?

You need experienced Austin burglary attorneys who understand the Travis County court system inside and out. We zealously represent your rights throughout this process and answer all the questions you have along the way.

Our team has a combined 30+ years of experience helping people charged with burglary in Austin. We will tell you what to expect and how to improve the chances of getting the best result. Having experienced attorneys can make the difference between getting your case dismissed or being convicted.

See Our Recent Dismissals

What is Burglary in Texas?

Per Section 30.02 of the Texas Penal Code, burglary occurs when an individual illegally enters or stays in a structure or dwelling with the purpose of carrying out a felony, theft, or assault. If you enter without authorization and intend to commit any of these offenses, you're positioning yourself for a potential burglary charge.

The law outlines three distinct methods by which a burglary can occur:

  • Entering a building or habitation with the intent to commit a felony, theft, or assault.

  • Concealing oneself in a building or habitation with the same intent.

  • Entering a building or habitation and then actually attempting or committing a felony, theft, or assault.

What is the penalty for Burglary in Texas?

  • State Jail Felony Burglary: If a person commits burglary of a building other than a habitation (for example, a store or a warehouse), it's typically classified as a state jail felony. Penalties for a state jail felony can include:

    • 180 days to 2 years in a state jail.

    • A fine of up to $10,000.

  • Second Degree Felony Burglary: If the burglary is of a habitation and the intent was to commit theft, assault, or commit a felony other than felony theft, it's usually considered a second-degree felony. Penalties can include:

    • 2 to 20 years in prison.

    • A fine of up to $10,000.

  • First Degree Felony Burglary: If someone commits burglary of a habitation and their intent was to commit a felony other than theft (like aggravated assault or another violent crime), it can be classified as a first-degree felony. The penalties for a first-degree felony can include:

    • 5 to 99 years or life in prison.

    • A fine of up to $10,000.

Contact The Law Office of Charlie Roadman to handle your Texas Burglary Case

Contacting a lawyer if you're facing burglary charges in Texas is crucial for several reasons:

Expertise in Legal Procedures: We are well-versed in the legal procedures and can guide you through the complexities of the Texas legal system. We will ensure that all paperwork, court appearances, and required actions are handled correctly and promptly.

Understanding of Texas Penal Code: Our attorneys will have specific knowledge of the Texas Penal Code and any recent amendments, helping you understand the severity of the charges and potential penalties you face.

Protection of Rights: Our defense attorneys will protect your rights and ensure that you're treated fairly throughout the legal process. They'll be on the lookout for any violation of your rights, such as unlawful searches or interrogations.

Building a Strong Defense: Every case has unique factors and circumstances. Our attorneys will review the specifics of your situation, gather evidence, interview witnesses, and craft the best possible defense strategy on your behalf.

Plea Bargaining: If appropriate, we can negotiate with the prosecutor for a reduced sentence or even for the charges to be dropped, especially if it's a first-time offense or there are issues with the evidence.


Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.


Yes, but it depends on the circumstances of the arrest and what you are willing to do while the case is pending. We have negotiated hundreds of dismissals in Travis County using our knowledge and experience of what works in Austin. In order to help us get the best result, we will create a customized Action Plan for you.


No. They must qualify for a personal bond. And even if they do qualify, it can take 24 hours or more to be released. We can speed up the process significantly. And trust us, everyone wants out of jail as soon as possible. HERE IS MORE INFO ON JAIL RELEASES.