Burglary of Vehicles

Section 30.04

(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

(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) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.

Punishment for Burglary of vehicles BEFORE February 06, 2024

(d) An offense under this section is a Class A misdemeanor, except that:

(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section;

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or

(B) the vehicle or part of the vehicle broken into or entered is a rail car; and

(3) the offense is a felony of the third degree if:

(A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and

(B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance.

Punishment for Burglary of vehicles AFTER February 06, 2024

(d) An offense under this section is a Class A misdemeanor, except that:

(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section;

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or

(B) the vehicle or part of the vehicle broken into or entered is a rail car; and

(3) the offense is a felony of the third degree if:

(A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance; or

(B) 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).

Burglary of Vehicles

Burglary of Vehicles is sometimes referred to as Burglary of a Motor Vehicle, or “BMV.” Committed when someone – without the effective consent of the owner – breaks into, or enters a vehicle. And, the actor entered the vehicle with the intent to commit a Felony or theft. See Section 30.04 of the Texas Penal Code. Its a Class A Misdemeanor, up to 1 year in county jail, and a fine not to exceed $4,000. A second 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. Punishment is enhanced to a 3rd degree Felony, 2 to 10 years in pison, and a fine up to $10,000. IF the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs. And, the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance. Or, it is committed in the course of committing an offense under Section 20.05(a)(2).(Smuggling of persons).

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. 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 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. Someone that will investigate the facts and evidence thoroughly. A lawyer that 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 a building.

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