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:

  1. 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,
  2. Remaining concealed in a building or habitation with the intent to commit a felony, a theft, or an assault, or
  3. 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.

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