Burglary is the crime of entering a building with the intent to commit a felony, theft, or an assault. In Texas, burglary is a felony offense, and the severity of the punishment depends on the type of building that was burglarized. Contact a dedicated Dallas County criminal lawyer from Spangler Law for comprehensive representation today.

Types of Burglary in Texas

There are three types of burglary in Texas:

Burglary of a building: This type of burglary is punishable by up to 10 years in prison. A building is any structure that is not a habitation, such as a store, office, or warehouse.
Burglary of a habitation: This is the most serious type of burglary, and it is punishable by up to 20 years in prison. A habitation is any building that is used as a dwelling place, including a house, apartment, trailer, or hotel room.
Burglary of a vehicle: This type of burglary is punishable by up to 2 years in prison. A vehicle is any motor vehicle, including a car, truck, or motorcycle.

Elements of Burglary

In order to be convicted of burglary in Texas, the prosecution must prove the following elements beyond a reasonable doubt:

The defendant entered a building or vehicle.
The defendant did not have the effective consent of the owner to enter the building or vehicle.
The defendant had the intent to commit a felony, theft, or an assault while inside the building or vehicle.

Punishment for Burglary in Texas

The punishment for burglary in Texas depends on the type of building that was burglarized and the defendant’s criminal history.

Burglary of a building: This is usually punishable by up to 2 years in a state jail.
In some circumstances, burglary of a building is punishable by 2 years to 10 years in prison.
Burglary of a habitation: This is punishable by 2 to 20 years in prison.
Burglary of a vehicle: This is punishable by up to 2 years in a state jail.

Defenses to Burglary of a Building

There are a few defenses that a defendant can raise in a burglary case. These defenses include:

Lack of intent: The defendant did not have the intent to commit a felony, theft, or an assault while inside the building or vehicle.
Consent: The defendant had the effective consent of the owner to enter the building or vehicle.
Mistake of fact: The defendant mistakenly believed that they had the right to enter the building or vehicle.

Accused of Committing Burglary of a Building? Contact Us.

If you’re currently facing burglary charges, contact a skilled Dallas criminal defense lawyer from Spangler Law today.