Burglary


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 phone 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 Texas and the surrounding counties of Fort Bend County, Montgomery County, Fort Bend County, Waller County, Brazoria County, Galveston County and Liberty County.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

CRIMINAL OFFENSEACTUAL RESULTSCT#
Burglary of a Habitation (2° Felony)JURY TRIAL: NOT GUILTY (Client accused of breaking into a home with 6 other juveniles and stealing over $25,000 in cash from a safe)313th
Burglary of a Habitation with intent to commit aggravated assault (1° Felony)CASE REDUCED TO BURGLARY OF HABITATION WITH INTENT TO COMMIT MISDEMEANOR ASSAULT (2° Felony) when Sullivan was setting the case for trial (Client was accused of breaking into a neighbor’s downstairs apartment through the air vent and then threatening a 17 year old girl who was home alone. Client was originally offered 12 years on the aggravated felony through his court-appointed attorney) , Case # 1370138228th
Burglary of a Habitation (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary), Case # 1321679184th
Burglary of a Habitation (2° Felony)CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony), Case # 1245594232nd
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS, Case # 1298554232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)315th
Attempted Burglary of a Habitation (3° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION (Client was accused of trying to break into an apartment. The tenant was inside and observed window screens being removed from the side of the apartment) , Case # 1289876232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED , Case # 1268926339th
Burglary of a Habitation (2° Felony)CASE DISMISSED, Case # 1277540232nd
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution313th
Burglary of a Habitation (2° Felony)CASE DISMISSED315th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting, Case # 1200321337th
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT, Case # 1185149232nd
Burglary of a Habitation with Intent to Commit Assault (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused of breaking into house after a drug deal went bad) , Case # 1182231179th

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