Burglary of a Vehicle
Burglary of a vehicle means to break into or enter a vehicle with the intent to commit theft or any felony. Break into does not mean a person has to break a window to gain access. Break into can mean simply opening an unlocked vehicle door or reaching into the open bed of a pickup truck. Enter is defined as intruding any part of the body or an instrument (such as a slim jim tool) within the vehicle.
Unlike traditional property theft, when an individual breaks into a vehicle the punishment the offender could receive does not depend on the value of the property taken but on the number of times the individual has been convicted of the crime.
Even if real property is not taken from the vehicle or if no felony is committed, the prosecutor may charge you with the intent to commit theft or the intent to commit a felony. Conversely, your defense attorney may argue to the court how your intention was not to commit theft, but only to trespass, such as by seeking shelter during a storm.
Houston Criminal Defense Attorney for Burglary of a Vehicle
If you have been charged with a vehicle burglary, you risk having a permanent criminal record. With a thorough knowledge of the rules of criminal procedure and evidence, a seasoned trial lawyer brings invaluable experience to your defense.
Contact James G. Sullivan and Associates today to schedule your free initial consultation. We will begin immediately evaluating your vehicle burglary charge.
Punishment for Burglary of a Vehicle in Texas
According to Texas Penal Code Sec. 30.04, the minimum penalty for a vehicle burglary as a Class A misdemeanor. Class A misdemeanors can be punished by up to one year in jail and/or a fine of up to $4,000. If you were previously convicted of a vehicle burglary, the penalty is still a Class A misdemeanor, but with no less than six months in jail.
If you were previously convicted of two vehicle burglaries, the penalty will be a state jail felony. The state jail term is from 180 days to two years and a fine of up to $10,000. Felony convictions will stay on your permanent record, impact various state licenses, and prevent you from voting, serving on a jury, and owning a firearm, among other collateral consequences.
Burglary of a Vehicle Defense Lawyer in Houston
Contact James G. Sullivan and Associates today at (281) 546-6428 for a free initial consultation about your alleged property crime in Harris County, Montgomery County, or Fort Bend County, Texas. James Sullivan is an experienced Houston criminal defense attorney who will work hard to help you obtain the best outcome for your particular case.
