In Texas, burglary is considered a serious criminal offense and comes with significant penalties. Whether it’s burglary of a vehicle, building, or habitation, being accused can be life-altering. In this blog, we’ll examine Texas burglary laws, the potential penalties for different types of burglary, and how a criminal defense attorney can help your case.
At the Cowboy Law Group, we recognize the severe penalties associated with burglary in Texas and are committed to protecting your rights and future. If you or a loved one is facing charges, contact a Texas burglary defense lawyer today.
Texas Burglary Laws
Under Texas Penal Code §30.02, burglary is when a person enters a habitation or building without permission intending to commit a felony, theft, or assault. The severity of a burglary charge in Texas varies based on the type of property entered.
Several key changes to Texas burglary laws went into effect in February 2024:
- Burglary of a habitation is now classified as a first-degree felony if entry is made with the intent to commit any felony other than felony theft.
- Burglary of a building is elevated to a third-degree felony if it involves an attempt to steal a controlled substance from a location known to store such substances.
- Burglary of a motor vehicle is now considered a third-degree felony if the vehicle is a commercial one targeted for controlled substances or if the offense involves an attempt to smuggle people.
Robbery vs Burglary in Texas
In Texas, robbery and burglary are distinct crimes with different legal definitions and consequences. Burglary involves unlawfully entering a building or property, such as a home or business, with the intent to commit a crime inside, typically theft, assault, or another felony. A burglary can occur even if no one is present, and entering with criminal intent is enough for a charge, regardless of whether a theft or assault occurs.
In contrast, robbery specifically involves directly taking property from another person using force or the threat of force. Robbery is a violent crime.
Penalties for Burglary in Texas
The Texas legal system classifies burglary into specific categories, each carrying different penalties depending on the property type and intended crime.
Burglary of a vehicle or a coin-operated machine is generally a Class A misdemeanor. However other burglary charges in Texas are felonies.
Burglary of a Coin-Operated Machine
This offense involves breaking into a vending machine, laundromat machine, or any other coin-operated device to steal money or goods. Burglary of a coin-operated machine is typically classified as a Class A misdemeanor, with penalties of up to one year in county jail and a fine of up to $4,000.
Prior convictions can result in a state jail felony charge and a harsher sentence.
- Class A misdemeanor: Fine of up to $4,000 and up to 1 year in county jail
- With prior conviction: 80 days to two years in a state jail and a fine of up to $10,000
Burglary of a Motor Vehicle
Texas Penal Code Section 30.04 defines burglary of a vehicle as entering someone’s vehicle without permission and intending to commit theft or a felony. This crime is a Class A misdemeanor punishable by a fine of up to $4,000 and up to one year in jail.
If the defendant has previous convictions for burglary of a motor vehicle, the sentence can increase to 180 days to two years in a state jail and a fine of up to $10,000.
- Class A misdemeanor: Fine of up to $4,000 and up to 1 year in county jail
- With prior conviction: 80 days to two years in a state jail and a fine of up to $10,000.
Burglary of a Building (Non-Habitation)
Burglary of a non-residential building in Texas, like a storage unit or commercial property, is a state jail felony. This charge comes with fines of up to $10,000 and a prison sentence of 180 days to two years.
Burglary of a building becomes a third-degree felony if the accused attempts to steal controlled substances from a location such as a pharmacy. Penalties for a third-degree felony
- Burglary of a non-habitation building: Fine of up to $10,000 and 180 days – 2 years in jail.
- When attempting to steal controlled substances: Fine of up to $10,000 and 2 – 10 years in prison.
Burglary of a Habitation
Entering someone’s residence or a place where people live (a “habitation”) with the intent to steal or commit another crime is considered more serious than burglary of a non-habitation. Burglary of a habitation with the intent to commit theft is a second-degree felony, carrying penalties of 2 to 20 years in prison and fines up to $10,000.
For burglaries involving non-theft felonies (like assault), it’s elevated to a first-degree felony, which can result in a life sentence.
- Burglary of a habitation (theft): A fine of up to $10,000 and 2 – 20 years in prison.
- Burglary of a habitation (non-theft): A fine of up to $10,000 and up to life in prison
Why You Need a Burglary Defense Lawyer in Texas
Facing a burglary charge is daunting, but an experienced lawyer can provide the representation and defense you need to protect your rights. Here’s how a defense attorney can help:
Building a Strong Defense
The primary goal for any defense lawyer is to construct a robust defense. A knowledgeable defense lawyer will scrutinize all evidence, including witness statements, security footage, and law enforcement reports. A skilled attorney can identify inconsistencies or weaknesses in the prosecution’s case. For example, if evidence was obtained without proper search warrants, a defense lawyer could move to have it suppressed.
Protecting Your Rights
In the complex Texas criminal justice system, a defense lawyer ensures that a client’s constitutional rights are protected throughout the legal process. This includes protection from unlawful search and seizure under the Fourth Amendment, the right to remain silent under the Fifth Amendment, and the right to a fair trial under the Sixth Amendment.
A defense attorney can move to have any illegally obtained evidence suppressed.
Plea Bargains and Courtroom Advocacy
In many cases, an experienced defense attorney can negotiate with prosecutors to secure a plea agreement that may reduce the charges or lessen the penalties. An effective plea bargain can result in reduced jail time, lower fines, or even probation, depending on the circumstances of the case.
If your burglary case goes to trial, an experienced attorney will vigorously represent you.
Navigating the Legal System
The Texas legal system can be challenging to navigate, especially for individuals unfamiliar with its intricacies. A defense attorney helps clients understand the charges they face, the potential penalties, and the various steps in the legal process. They manage court filings and maintain open communication with the court and the prosecution.
Call the Cowboy Law Group Today
If you or a loved one is facing burglary charges, our Texas criminal defense attorneys at the Cowboy Law Group are here to help. With our extensive experience in Texas burglary laws and criminal defense, we can develop a tailored strategy to challenge the allegations against you.
Our firm is dedicated to aggressively defending clients in The Woodlands, Conroe, the Greater Houston area, and the scenic Texas Hill Country. Reach out today to learn more about how we can help defend against burglary charges in Texas.
