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Burglary doesn’t need to involve breaking and entering

On Behalf of | May 15, 2023 | Criminal Defense

Theft offenses involve someone intentionally acting to deprive another person of their financial resources or physical assets. There are numerous different types of theft crimes that occur in Texas, and people misunderstand many of them.

For example, people often have an inaccurate idea about what constitutes burglary. Burglary is a form of property crime that targets a home or business where someone does not have permission to be. One of the more common misconceptions about burglary is that only those who forced their way onto a property or picked a lock will end up charged with a burglary offense.

However, sometimes the people arrested for burglary gain access in a much less nefarious manner.

Burglars may sometimes overstay their welcome

There have been numerous incidents where would-be burglars use a business’s operating hours or a homeowner’s open house as a means of gaining access to a property without technically breaking the law. They don’t leave when the party ends or the business closes.

They hide with the intention of them having full access to whatever they wish to steal. There have been scenarios where people have hidden in bathrooms or in warehouses at businesses specifically to access the merchandise and money on the premises after all the staff members leave for the night.

There doesn’t need to be proof that someone broke in for prosecutors in Texas to bring a charge of burglary. They only need to prove that someone didn’t have permission to be someone at a certain time and that their illegal presence on the property was compounded by their intention to commit another crime, such as theft.

Police and prosecutors may misread the circumstances

It is more common than people realize for police officers responding to unusual circumstances to misinterpret what actually happened. Often, those involved in law enforcement will assume the worst of others even when there is a reasonable explanation for the situation. Those accused of burglary because of a misunderstanding may be able to defend themselves in criminal court.

Reviewing the evidence that the prosecutor intends to use to build their case can be a very helpful step for those facing burglary and similar theft charges in Texas.