Burglary can be a carefully planned and organized criminal activity, but it is frequently an impulse crime. Individuals in dire need of resources decide to target local residents or businesses to obtain what they require.
Addiction or chemical dependents has a very strong association with burglary crimes. Researchers have found that between 70% and 88% of those arrested for burglary tested positive for at least one prohibited or controlled substance.
Can exploring that connection help you when you face burglary charges?
Intoxication is not a defense
You may firmly believe that you would never have behaved in a certain way while sober, as some people’s behavioral patterns do change while under the influence of certain substances or when facing the possibility of withdrawal.
Those dependent on physically addictive substances, like heroin and opioids, may experience desperation when they do not have the resources to purchase their substance of choice anymore. Those currently under the influence may be more susceptible to manipulation by others.
Unfortunately, the criminal courts will usually not allow a defense strategy based on claims of chemical intoxication. Those who voluntarily ingest intoxicating substances accept the behavioral consequences when they make that decision.
You may also find that you will not qualify for drug court even if you can show that chemical dependence directly related to the crime. Typically, burglary of a residence is an offense that does not qualify for drug court adjudication, but burglary of a business does not automatically preclude someone from pursuing drug court proceedings.
The best defense strategy depends on the evidence
Even if your charges prevent you from asking for drug court proceedings, pleading guilty is likely not the best strategy when responding to a recent arrest. There are numerous ways to fight back against allegations of burglary and similar property crimes.
From raising the defense that you entered the property by accident because you thought it was your home to presenting an alibi that shows you weren’t the one that entered the property, there are numerous defense strategies that could help you raise a reasonable doubt about your guilt depending on what evidence the prosecutor has.
Understanding what defense strategies may work and learning about the evidence against you can help you plan the best path forward when facing burglary charges in Texas.