Burglary, Robbery and Theft Defense in Collin County

A burglary or robbery charge in Collin County turns on facts that are decided early: what was entered, what was taken, what the State says you intended, and what was found afterwards. The charge sheet will name a statute and a degree. What the State can actually prove is a separate question, and it is the one that decides what the case is worth.

Kent Starr has practiced criminal defense in Texas since 1997 and handles burglary, robbery and theft cases in the Collin County courts from his office in McKinney. This page sets out how Texas grades these offenses, what each degree carries, and what the defense actually examines. The consultation is free and confidential, and Kent takes it himself. Call (214) 982-1408.

Burglary: the place decides the degree

Texas Penal Code section 30.02 defines burglary as entering a habitation or a building, or any portion of a building, that is not open to the public, without the effective consent of the owner, with intent to commit a felony, theft, or an assault. The same statute reaches remaining concealed in a building with that intent, and entering and then committing or attempting one of those offenses. “Enter” is defined broadly: any part of the body, or anything connected to the body, so a hand through an open window is an entry in law.

What matters most is not what was taken. It is what was entered, and why:

• A building that is not a habitation — a state jail felony: 180 days to 2 years in a state jail, and a fine of up to $10,000.
• A habitation — a second-degree felony: 2 to 20 years in prison, and a fine of up to $10,000.
• A habitation, with intent to commit a felony other than felony theft, or with such a felony committed or attempted inside — a first-degree felony: 5 to 99 years or life, and a fine of up to $10,000.

That third tier is why the intent alleged in the charging instrument matters as much as the property in the case. An entry the State charges as intending theft is a second-degree case. The same entry with an intent to commit a different felony alleged is a first-degree one, and the difference between those two ranges is measured in decades. Which intent the State pled, and what evidence it says supports it, is one of the first things to read in the file.

Burglary of a vehicle

Vehicles are graded separately under section 30.04. Entering a vehicle, or any part of a vehicle, with intent to commit a felony or theft is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000. Two or more prior convictions under that section raise it to a state jail felony.

In Collin County these cases usually arrive through a traffic stop, a call from a parking lot or an apartment complex, or a review of camera footage days later. That gives the defense real questions to work with: what the stop was based on, whether any search went beyond what was authorized, whether the property was ever linked to this person rather than to the car, and how the identification was made. Vehicles registered to someone else, shared cars, and property found in a vehicle by a third party all come up.

Robbery and aggravated robbery

Robbery under section 29.02 is theft committed with force or the threat of it: in the course of committing theft, and with intent to obtain or maintain control of the property, the person causes bodily injury to another, or intentionally or knowingly threatens another person or places them in fear of imminent bodily injury or death. It is a second-degree felony, 2 to 20 years.

Aggravated robbery under section 29.03 adds one of three things: serious bodily injury; the use or exhibition of a deadly weapon; or bodily injury, a threat, or fear of imminent injury to a person 65 years or older or a disabled person. It is a first-degree felony, 5 to 99 years or life.

Two consequences ride on those degrees, and both outlast the sentence itself.

Community supervision. A judge may not order regular community supervision for aggravated robbery. Article 42A.054(a)(11) of the Code of Criminal Procedure puts the offense on the list where that option is removed by statute, and Article 42A.054(b) applies the same bar where a deadly weapon was used or exhibited in the offense or in the immediate flight from it. Burglary is treated differently: it is on that list only in the narrow situation described in Article 42A.054(a)(12), where the case is punishable under section 30.02(d) and was committed with intent to commit one of the listed sexual offenses. Outside that, whether any form of supervision is available turns on the rest of Chapter 42A and on the record, and it is a question to put to a lawyer rather than to a web page.

Parole. The offenses on that same list carry their own parole consequences, which is why Texas lawyers call them 3G offenses. The label is worth understanding before any plea is discussed, because a case can look like a straight probation question and turn out to be a prison question the moment the offense on the indictment falls on that list.

Theft: value decides the grade

Ordinary theft is graded by the value of the property, under section 31.03(e):

• Under $100 — Class C misdemeanor.
• $100 to under $750 — Class B misdemeanor.
• $750 to under $2,500 — Class A misdemeanor.
• $2,500 to under $30,000 — state jail felony.
• $30,000 to under $150,000 — third-degree felony, 2 to 10 years.
• $150,000 to under $300,000 — second-degree felony, 2 to 20 years.
• $300,000 or more — first-degree felony, 5 to 99 years or life.

Two rules break the ladder. Stealing a firearm is a state jail felony whatever the firearm is worth, and two or more prior theft convictions make a case involving property worth under $2,500 a state jail felony as well. Receiving property that the person knew was stolen is prosecuted under the same section as ordinary theft, so the value tiers apply to it too.

Value itself becomes a live issue in a contested case, because the State has to prove it. Retail price, replacement cost, and what the property was actually worth on the date of the offense are not always the same number, and an appraisal or a receipt that overstates the loss moves the case up a category. The firm’s theft and property crimes page covers the wider range of property charges, and these posts go into two of the recurring questions: whether a theft charge is a felony and how theft of a firearm is charged.

How these cases move in Collin County

A felony property or robbery case is presented by the Collin County District Attorney’s Office to a grand jury, and on indictment it is set in one of the district courts at the Russell A. Steindam Courts Building, 2100 Bloomdale Road in McKinney. Class A and Class B misdemeanors, which includes most vehicle burglary and lower-value theft cases, are heard in the County Courts at Law in the same complex. The city where the arrest happened does not decide the court; the offense charged does.

Bond comes first. A magistrate reviews the arrest and sets bond, usually within the first day or two, and property and robbery cases often arrive with conditions attached: no contact with a complainant or a co-defendant, curfews, or reporting requirements. The guide to bond and the Collin County jail explains how that works and what can be asked for. After release the case moves to announcement and pretrial settings, where the State’s file is turned over and the defense gets to see what the case is actually made of.

Between arrest and indictment there is a window that closes. A defense lawyer can sometimes put mitigating information, or legal problems with the case, in front of the District Attorney’s Office before the grand jury acts. The post on the pre-indictment window in Texas explains why that period matters and what it can realistically be used for.

What the defense actually looks at

These are fact-heavy cases, and most of the work happens in the file rather than in argument:

• Identity. Burglary and vehicle burglary cases are often built on camera footage, fingerprints, DNA, or property found later in someone else’s possession. Each of those links can be tested.
• Consent and authority. Burglary requires entry without the effective consent of the owner. Who the owner is, who had authority to consent, and whether the person had a right to be there are all elements.
• Intent. For burglary, the State must prove intent at the moment of entry. For theft, it must prove the person intended to deprive the owner. Intent is rarely on video, and it is often where a case is weakest.
• Value. Theft grading depends on proof of value on the date of the offense, and the State carries that burden.
• How the evidence was obtained. Traffic stops that became searches, warrantless vehicle searches, statements taken without warnings, and property seized beyond the scope of a warrant all raise suppression questions.
• Enhancement allegations. Prior convictions change the range and sometimes the degree, so the State’s proof of each alleged prior has to be examined rather than assumed.

How Kent works

Kent Starr is a solo lawyer. The person you meet at the consultation is the person who reads the offense report, reviews the footage, files the motions, and tries the case if it comes to that. He works from his McKinney office, in the county where these cases are heard, and he takes every consultation himself.

Property and robbery cases reward early work: the cameras that captured the entry, the pawn and transaction records, the statements made in the first hours, and the identification procedures all get harder to examine as time passes. Early involvement is also when the pre-indictment window is still open.

The consultation is free and confidential, and you do not have to explain anything on the phone to arrange it. Call (214) 982-1408.

Past results do not guarantee future outcomes. Every case is evaluated on its own facts.

ADVERTISEMENT. This site is attorney advertising. Kent Starr, Starr Law, P.C., 5900 South Lake Forest Drive, Suite 200, McKinney, Texas 75070, is responsible for the content of this website. Information provided here is general and is not legal advice; reading this page does not create an attorney-client relationship.