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 Attorney
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 Defense 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.
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.
Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
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