Burglary of a Habitation, a Building, or a Vehicle
In Texas, a person commits burglary if,
without the consent of the owner, he enters a habitation, building or
vehicle with the intent to commit a felony, theft or an assault.
According to Tex. Penal Code § 30.01, these three separate offenses have
unique definitions:
- A habitation is any structure or vehicle that is made for the overnight accommodation of a person, including each separately secured or occupied portion of the structure or vehicle; and each structure connected or attached to the structure or vehicle.
- A building is any enclosed structure intended to be used or occupied as a habitation or to be used for some purpose of trade or manufacture.
- A vehicle is any device in, on or by which a person or property may be moved in the normal course of commerce or transportation.Depending on the degree of the offense, a burglary conviction can result in severe punishment. Therefore, it is important to hire a reputable and experienced criminal defense lawyer to fight for you.
Houston Burglary Lawyer
If you have been charged with a burglary offense in the Greater Houston area, contact James Sullivan and Associates at 281-546-6428 for a free confidential consultation.
Burglary Offenses in Harris County
Texas criminal law lists a variety of burglary crimes, ranging from misdemeanor to felony offenses. Burglary can include any of the crimes listed below.
According to Tex. Penal Code § 30.02, a person commits a burglary if, without the consent of the owner, he:
- Enters a habitation or a building not then open to the public with the intent to commit a felony, theft or assault; or
- Remains hidden or concealed in a building or habitation with the intent to commit a felony, theft or assault in the building or habitation; or
- Enters a habitation or building and commits or attempts to commit a felony, theft or assault.
- For purposes of this section, “enter” means to intrude: any part of the body or any physical object connected to the body.
According to Tex. Penal Code § 30.03, a
person commits a burglary of a coin-operated or coin collection machine
if, without the consent of the owner, he breaks into or enters any
coin-operated machine, coin collection machine or other coin-operated or
coin collection equipment with the intent to obtain property or
services.
According to Tex. Penal Code § 30.04, a
person commits burglary of a vehicle if, without the consent of the
owner, he breaks into or enters any vehicle, including a motor vehicle
or a rail car (including a container or trailer carried on it), with the
intent to commit a felony or theft.
Punishment for Burglary Crimes in Harris County
Chapter 12 of the Texas Penal Code lists
the penalties for misdemeanor and felony burglary offenses. These
penalties vary based on the burglary offense and the degree of the
burglary. A burglary conviction carries the following punishment:
If the burglary was committed in any
building other than a habitation, criminal charges can result in a state
jail felony conviction, which carries a punishment ranging from 180
days to two years confinement in a state jail and/or a fine up to
$10,000.
If the burglary was committed in a habitation,
criminal charges can result in a second degree felony conviction, which
carries a punishment ranging from two to 20 years in prison and/or a
fine up to $10,000.
If the burglary was committed in a
habitation and the offender entered the habitation with the intent to
commit, committed or attempted to commit any other felony besides felony
theft, criminal charges can result in a first degree felony conviction,
which carries a punishment ranging from five to 99 years or life
imprisonment and/or a fine up to $10,000.
If the burglary was of a coin-operated
or coin collection machine, criminal charges can result in a class A
misdemeanor conviction, which carries a punishment ranging up to one
year in jail and/or a fine up to $4,000.
If the burglary was of a vehicle,
criminal charges can result in a class A misdemeanor conviction, which
carries a punishment ranging up to one year in jail and/or a fine up to
$4,000. If the offender has previously been convicted of another
burglary of a vehicle offense, criminal charges can result in a class A
misdemeanor conviction with punishment ranging from a minimum term of
six months to one year in jail and/or a fine up to $4,000.
If the offender has previously been
convicted of two or more burglary of a vehicle offenses or the vehicle
broken into was a rail car, criminal charges for burglary of a vehicle
can result in a state jail felony conviction, which carries a punishment
ranging from 180 days to two years confinement in a state jail and/or a
fine up to $10,000.
James Sullivan and Associates | Houston Burglary Attorneys
Contact James Sullivan and Associates at 281-546-6428
for a free consultation about your burglary crime charges. James
Sullivan is an experienced Houston criminal attorney with a proven
record of defending fellow Texans accused of burglary offenses in
criminal and juvenile courts throughout Harris County and Fort Bend County.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
