Texas Burglary – Laws & Penalties
Burglary is defined under the Texas Penal Code, Title 7, Chapter 30 as doing one of the following without the consent of the property owner:
- Entering a habitation, a building, or any part of a building not open to the public with the intent to commit a felony, a theft, or an assault,
- Remaining concealed in a building or habitation with the intent to commit a felony, a theft, or an assault, or
- Entering a building or habitation and committing or attempting to commit a felony, theft, or an assault.
Burglary is typically classified as a state jail felony and is punishable by up to 2 years in a state jail and a fine reaching $10,000. However, if it is committed upon a habitation, or a home, it is classified as a second degree felony. Second degree felonies carry up to 20 years in prison.
Burglary of a Vehicle in Texas
Burglary of a vehicle is defined as breaking into or entering a vehicle without the owner’s consent with intent to commit a felony or a theft. This crime is classified as a Class A misdemeanor, carrying up to 1 year in jail. If, however, you have a criminal record including two or more similar charges, the charge can be elevated to a state jail felony.