If you, or someone you love has been accused of burglary in Texas, you could be facing serious criminal charges. Under Section 30.02 of the Texas Penal Code, a person commits the offense of “burglary” when he or she, without the consent of the owner does any of the following:
- Enters a habitation (residence or vehicle that people are using to sleep in) or a building with the intent to commit a theft, an assault, or a felony, or
- If they enter a habitation or building and remain concealed with the intention of committing a theft, an assault, or a felony, or
- They enter a habitation or a building and attempt to or commit a theft, felony, or assault.
Under Sec. 30.02, the suspect does not have to fully enter a building or habitation for the offense to be considered burglary.
All the suspect has to do is place any part of their body, or any physical object connected to their body inside the building or home with the intention of committing a theft, a felony, or an assault for it to be considered “burglary.”
Was it a building or a habitation?
Burglary under Sec. 30.02 can be prosecuted as a state jail felony, a felony of the second degree, or as a felony of the first degree depending on the facts of the case.
- It is a state jail felony if the burglary occurred at a building, and NOT a habitation.
- It is a felony of the second degree if the burglary occurred at a habitation.
- It is a felony of the first degree if the suspect entered a habitation and committed or intended to commit a felony, other than felony theft, such as aggravated assault or aggravated sexual assault.
A state jail felony is punishable by 6 months to 2 years behind bars, and by a fine not to exceed $10,000.
A second degree felony is punishable by 2 to 20 years in prison, and by a fine not to exceed $10,000.
A first degree felony is punishable by 5 years to life imprisonment, and by a fine not to exceed $10,000.
Burglary Defense in Plano, Dallas and Ft. Worth
As you can see, the penalties for burglary are very harsh in Texas. At The Zendeh Del Law Firm, PLLC, we understand that people can enter a building or a habitation without realizing that they are committing a serious crime.
If you are facing felony charges for entering a building, or a habitation without the owner’s consent, you NEED a strong defense. Contact our office today to schedule a consultation with an experienced Plano criminal defense lawyer!