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Burglary in Texas

In Texas, burglary is defined as the unlawful entry or remaining in any home or building with the intent to commit a felony, theft, or assault inside. Home invasion is included in this definition and refers specifically to a burglary that occurs in a home (Included also are vehicles adapted to overnight habitation). Finding a skilled burglary attorney to defend your rights and aggressively fight the prosecution is essential for your freedom.

Contact the Law Firm of Matthew Pillado now for a Fast Consultation

800-672-3911

Elements of Burglary in Texas

When you discuss the ‘elements of burglary’ with your burglary attorney, the ‘elements’ refer to the unlawful entry and intent to commit a a felony, theft, or assault inside. To be convicted of burglary, the prosecution must first prove both elements of the crime beyond a reasonable doubt. Without sufficient proof, you might be found guilty of a lesser crime, and having a skilled burglary attorney on your side is the key.

The penalties for burglary in Texas

Depending upon the type of offense that was committed, the penalties are applied as follows:

If the burglary offense is perpetrated in a building which is not a habitation, such as a store or other business, the crime is charged with a state jail felony. Possible penalties include:

  • A $10,000 fine
  • A maximum sentence of up to 180 days in jail

If the building in which the burglary is committed is a habitation, the offense is charged as a second-degree felony. Possible penalties include:

  • Up to $10,000 in fines
  • Up to 20 years in state prison

If the building that was burglarized is a habitation and the purpose of entering the home was to commit a felony other than theft – such as rape or murder – the crime will be charged as a felony in the first degree. Possible penalties include:

  • A maximum punishment of up to 99 years or life in prison.

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PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS

Sec. 30.02.  BURGLARY. 

(a)  A person commits an offense if, without the effective consent of the owner, the person:

(1)  enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault;  or

(2)  remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation;  or

(3)  enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

(b)  For purposes of this section, “enter” means to intrude:

(1)  any part of the body;  or

(2)  any physical object connected with the body.

(c)  Except as provided in Subsection (c-1) or (d), an offense under this section is a:

(1)  state jail felony if committed in a building other than a habitation; or

(2)  felony of the second degree if committed in a habitation.

(c-1)  An offense under this section is a felony of the third degree if:

(1)  the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and

(2)  the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.

(d)  An offense under this section is a felony of the first degree if:

(1)  the premises are a habitation;  and

(2)  any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

 

Burglary of a Vehicle in Texas

A person can be charged with burglary of a vehicle if they break into or enter a vehicle with the intent to commit theft or a felony, such as stealing the car itself. Burglary of a vehicle also includes breaking and entering any part of the vehicle with the intent to commit a felony or theft, such as breaking into the trunk to steal its contents.

Burglary of a Vehicle is classified as a Class A misdemeanor. The punishment for such a crime may consist of:

  • Not more than one year in county jail
  • $4,000 fine
  • Both a fine and jail time

However, in certain situations, this misdemeanor charge can increase to a felony.

Contact the Law Firm of Matthew Pillado now for a FREE Consultation

800-672-3911

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