While a person commits a criminal trespass offense in Texas if the person enters or remains on or in the property of another without effective consent and the person, burglary is a crime that relates to a person entering or remaining on or on the property of another while having the intent to commit a felony, theft, or an assault. Burglary is a crime that will require a prosecutor to prove the two separate elements of this crime: unlawful entry into a building and the intent to commit a felony, theft, or assault.
For an alleged offender, it is important to understand that a burglary does not need to be successfully completed for a person to face burglary charges. Proving the intent of an alleged offender is extremely difficult to do beyond a reasonable doubt, and prosecutors will often rely on circumstantial evidence in these cases.
Burglary Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
If you were arrested for an alleged burglary in Denton, Flower Mound, Lewisville, or a surrounding area of Denton County, Texas, you are going to need to find yourself a criminal defense attorney. The Law Offices of Richard C. McConathy can aggressively defend you against burglary charges.
Our firm will take the time to conduct our own independent investigation into the charges against you and we will determine the strongest possible defense against those charges. Call (940) 222-8004 or contact us online to have us sit down with you and go over your entire case in greater detail during a free consultation.
Burglary Charges in Texas
Texas Penal Code § 30.02(a) establishes that a person commits a burglary offense if, without the effective consent of the owner, they:
- enter a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault;
- remain concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- enter a building or habitation and commit or attempts to commit a felony, theft, or an assault.
Under Texas Penal Code § 30.02(b), “enter” means to intrude:
- any part of the body; or
- any physical object connected with the body.
Burglary is generally a state jail felony if committed in a building other than a habitation or a second-degree felony if committed in a habitation. An offense is a third-degree felony if:
- the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and
- the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.
An offense is a first-degree felony if:
- the premises are a habitation; and
- any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
Texas Penal Code § 30.01(1) defines a habitation as a structure or vehicle that is adapted for the overnight accommodation of persons, and includes each separately secured or occupied portion of the structure or vehicle, and each structure appurtenant to or connected with the structure or vehicle. Under Texas Penal Code § 30.01(2), a building is defined as any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
A vehicle is defined under Texas Penal Code § 30.01(3) as including any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as “habitation.” A controlled substance has the meaning assigned by Texas Health and Safety Code § 481.002, and a wholesale distributor of prescription drugs is defined as a wholesale distributor, as defined by Texas Health and Safety Code § 431.401.
Texas Penal Code § 30.03 establishes the crime of burglary of coin-operated machines. A person commits an offense if, without the effective consent of the owner, they break or enter into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services.
The term “entry” includes every kind of entry except one made with the effective consent of the owner. A burglary of coin-operated machines offense is a Class A misdemeanor.
Burglary of vehicles is a crime established under Texas Penal Code § 30.04. A person commits an offense if, without the effective consent of the owner, they break into or enter a vehicle or any part of a vehicle with intent to commit any felony or theft.
For purposes of this section, “enter” means to intrude any part of the body; or any physical object connected with the body. A container or trailer carried on a rail car is a part of the rail car.
A burglary of vehicles offense is a Class A misdemeanor, except that:
- the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the alleged offender has been previously convicted of a burglary of vehicles offense;
- the offense is a state jail felony if it is shown on the trial of the offense that the alleged offender has been previously convicted two or more times of a burglary of vehicles offense or the vehicle or part of the vehicle broken into or entered is a rail car; and
- the offense is a third-degree felony if the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and the alleged offender breaks into or enters that vehicle with the intent to commit theft of a controlled substance.
An alleged offender has been previously convicted if they were adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. It is a defense to prosecution that the alleged offender entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
Burglary Penalties in Denton, TX
The possible consequences for a burglary conviction will depend on how the alleged crime was classified. Convictions are generally punishable as follows in Texas:
- Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000
- State Jail Felony — Up to two years in state jail and/or fine of up to $10,000
- Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000
- Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000
- First-Degree Felony — Up to 99 years or life in prison and/or fine of up to $10,000
Sentences can also include terms of community service. Offenses involving property damage could also result in restitution to alleged victims being ordered, and restitution is paid to victims in addition to court fines and other fees.
Denton County Burglary Resources
Rollerson v. State, 227 SW 3d 718 – Tex: Court of Criminal Appeals 2007 — Kerry Larnez Rollerson was charged with committing three burglaries, two of which involved guns being stolen and one in which gun parts were left behind. The trial judge, in a consolidated trial, found him guilty of seven felony offenses relating to those three burglaries and also entered deadly-weapon findings in each of the seven judgments. In three separate published opinions — each dealing with an individual burglary — the court of appeals affirmed four of the felony convictions and reversed the other three for factual insufficiency, finding the evidence legally insufficient to support any of the deadly-weapon findings. The Court of Criminal Appeals of Texas held that the court of appeals correctly affirmed the convictions in one case, but was mistaken in its deadly-weapon statement in another case, thus affirming the formerNorrell case but disavowing the court’s statement in the latter case that the State may not seek a deadly-weapon finding on the retrial of the burglary charge.
State v. Meru, 414 SW 3d 159 – Tex: Court of Criminal Appeals 2013 — Mark Meru was convicted of burglary of a habitation and sentenced to 25 years in prison, but he filed a motion for new trial, complaining that the trial court erred in refusing to give the requested jury instruction on the lesser-included offense of criminal trespass. The trial court granted the motion for new trial but the State appealed, arguing that criminal trespass cannot be a lesser-included offense of burglary because trespass requires intrusion of the defendant’s entire body while burglary only requires a partial intrusion of the body. The court of appeals affirmed the trial court’s order for a new trial. The Court of Criminal Appeals of Texas reversed the judgment of the court of appeals, saying it improperly concluded that criminal trespass was a lesser-included offense of burglary of a habitation in this case. The Court of Criminal Appeals said Meru failed to demonstrate that criminal trespass is “established by proof of the same or less than all the facts required to establish the commission of the offense charged,” as required by Article 37.09(1) of the Code of Criminal Procedure.
Find A Denton County Defense Attorney for Burglary Charges | Law Offices of Richard C. McConathy
Were you arrested for an alleged burglary in the greater Denton County area? You cannot afford to wait to seek legal representation.
Call (940) 222-8004 or contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas. We can help you better understand the nature of your charges and also examine your possible defense options.