Burglary

Section 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.

OLD Burglary punishemts (cases before February 6, 2024)

(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.

NEW Burglary of Habitation punishments (cases after February 6, 2024)

(c) Except as provided in Subsection (c-1), (c-2), 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.

NEW Burglary of building punishments (cases after February 6, 2024)

(c-2) An offense under this section is a Felony of the third degree if:

(1) the premises are a building other than a habitation; and

(2) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).

(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.

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Burglary is a serious felony offense. See Section 30.02 of the Texas Penal Code. This crime is essentially when you either enter a structure – not open to the public – without the effective consent of the owner of the property, with the intent to commit a felony, theft or assault therein. Also, burglary is committed if someone enters a structure not open to the public, and attempts to commit a felony, theft or assault. Or, if you remain concealed in a structure – not open to the public – (without the effective consent of the owner), with the intent to commit the same.

Three Types of Burglary:

Burglary of a Habitation, Burglary of a Building, and Burglary of a Motor Vehicle

Burglary of a habitation is a burglary of a structure where someone lives. In the words of the statute: “a structure or vehicle adapted for the overnight accomodation of persons.” This offense is a 2nd degree Felony, punishable by 2 to 20 years in the institutional division of the Texas Department of Criminal Justice (TDCJ, “prison”), and a fine no to exceed $10,000.

Burglary of a building is a State Jail Felony, punishable by 6 months to 2 years in State Jail, and a fine not to exceed $10,000.

Burglary of Vehicles (sometimes referred to as Burglary of a Motor Vehicle, or “BMV”) is if someone – without the effective consent of the owner – breaks into, or enters a vehicle, with the intent to commit a Felony or theft. This offense is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4,000. A subsequent charge for this offense after a conviction will make it a State Jauil felony., punishable by 6 months to 2 years in State Jail, and a fine not to exceed $10,000. Texas laws dealing with Burglary of a motor vehicle may be found in Section 30.04 of the Texas Penal Code.

But if you are accused of burglary, there is likely more to the story than the police were told. Usually the police report doesn’t explain the entire situation.  Sometimes the only way to have an opportunity to tell your version of what happened is in court.  This is why it is crucial you have a tough attorney in your corner – if your case is set for trial, you want a Lawyer like Tristan LeGrande in your corner.

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WANT TO WIN YOUR CASE? – FACT SPECIFIC ANALYSIS IS ESSENTIAL

Preparing your defense against a burglary charge is crucial.  Witness testimony, physical evidence and your prior criminal history will be the key considerations in your defense.  You need an aggressive attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial.  Attorney Tristan LeGrande will fight the accusations and hunt down the evidence essential for defending your case.

Click the following link for more information about burglary of a habitation, burglary of a building, or burglary of vehicles.

Criminal Defense Attorney – Tristan LeGrande Fights Burglary Charges – AT LEGRANDE LAW WE WIN BURGLARY CASES