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What is Burglary?

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.

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

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.

Finding a Burglary Attorney in Texas

Choosing the right Burglary Attorney is important since a conviction can result in fines, prison time, and loss of future employment. 

When you retain the services of Spangler Law, you can be confident we will do all we can to defend your rights in court and assist you throughout every step of the process. 

When you need a trustworthy criminal defense attorney in the Dallas, Texas area, look no further than Spangler Law.