Burglary of Building

Texas Penal Code, Section 30.02

(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.

Punishment for Burglary of a Building BEFORE February 06, 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.

Punishment for Burglary of a Building AFTER February 06, 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.

Punishment for Burglary of a Building AFTER February 06, 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.

Burglary of a Building

Burglary is a serious felony offense. See Section 30.02 of the Texas Penal Code. Burglary is 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. Burglary of a building is when it is committed in a structure intended for use or occupation as a habitation, or for some purpose of trade, manufacture, ornament, or other use. This offense is a State Jail Felony, punishable by 6 months to 2 years in State Jail, and a fine not to exceed $10,000. *See new law changes below.*

Changes to Texas Burglary Law in 2024

Beginning on February 6, 2024, the punishment of Burglary cases will be different. When it comes to burglary of a building, the punishment is enhanced to a 3rd degree Felony, punishable by 2 to 10 years in pison, and a fine not to exceed $10,000 – IF – the premises is a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse AND the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.

What does this mean? It means if someone breaks into pharmacy, intending to steal controlled substances (medications listed in section 481 of the Texas Health and Safety Code, and considered “controlled substances”), it becomes a 3rd degree felony, with enhanced punishment over a typical burglary of a building charge.

Another new enhancement to punishment for burglary that makes the offense a 3rd degree felony, if if of a building it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Texas Penal Code, Section 20.05(a)(2).(Smuggling of persons).

When someone is accused of burglary, there may be more to the story than the police are 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.

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

Preparing your defense against a burglary of a building 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, or burglary of vehicles.

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