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Burglary Charges in Texas: What You Need To Know

Burglary In Texas

Burglary is a very serious crime in the state of Texas. It happens when someone unlawfully enters or remains in any structure (public or private) with the intent to commit a felony, theft, or assault inside. This definition includes home invasion and refers specifically to a burglary that occurs within a habitation.

Elements of Burglary

Burglary describes a crime that consists of two parts. The first part is unlawful entry. This means that the offender entered a property without permission. Secondly, is intent. Intent means that the offender entered the property with the intention to commit a theft or assault. In order to prove that someone committed burglary, both elements of the crime must be proven beyond a reasonable doubt. Without sufficient proof of each element, the prosecutor may secure a conviction for some other crime (such as trespassing), but not burglary.

The intended crime does not need to be completed. Proof of entry and of the intent to commit one of these crimes inside are the only requirements for a conviction.

Entering the Building

The first element of the crime of burglary—entering—can be accomplished in two ways: (1) by breaking into or entering property that you don’t have permission to enter, or (2) by remaining on property after the time you are permitted.

Entering With Intent to Commit a Felony, Theft, or Assault

The second element of burglary concerns the defendant’s state of mind at the time he entered the building. To be convicted of burglary, the defendant must have decided to commit a felony, theft, or assault, and then entered the building for that purpose.

Burglary Punishment

The punishment for a burglary conviction depends on the circumstances of the crime.

Burglary of a building that is not a habitation is a state jail felony and occurs when a defendant unlawfully enters or remains in a public or private building (but not a habitation) with the intent to commit a felony, theft, or assault. 

Burglary of a habitation, or home invasion, is a second-degree felony and occurs when a defendant unlawfully enters or remains in a habitation with the intent to commit a felony theft or an assault therein. The crime increases to a first-degree felony if the defendant entered the habitation with the intent to commit a felony other than felony theft therein. 

Burglary of a vehicle is a class A misdemeanor and occurs when a defendant breaks into or unlawfully enters a vehicle that is not used for habitation with the intent to commit a felony or theft therein. The entry element is satisfied if the defendant inserted any body part or object connected to the body into the vehicle.

Vehicles that are adapted for overnight accommodation (such as a house trailer) are considered a habitation for the purposes of punishment, described above in “Burglary of a habitation.”

A-EZ Out Bail Bonds

If you choose A-EZ Out Bail Bonds, there’s a simple way to bail your loved one out of jail.  After bail for your loved one is set by the court, you can choose to secure a bail bond with A-EZ Out through credit card, cash, or loan. The accused will be released. Your loved one is agreeing to show up for court on all assigned dates; otherwise, they will be arrested once again, given perhaps even higher fines, and make another bail bond agreement if they wish to be released.

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