A burglary charge accuses a person of making entry without the owner's permission and with the intent to commit a theft or felony offense. Essentially, burglary is the combination of criminal trespass and either a theft or felony offense.
The State does not have to prove that a person successfully stole any property or actually committed a felony offense. All the State must prove is that a person intended to commit one of those acts.
The common burglary offenses include burglary of a motor vehicle, a building, or a habitation.
Burglary of a Motor Vehicle has a stair step punishment range. It starts out as a Class A Misdemeanor offense. If a person has one prior conviction of Burglary of a Motor Vehicle, the punishment range increases to a minimum of six months in the county jail. If a person has two prior convictions, a new Burglary of a Motor Vehicle charge becomes a State Jail Felony.
Because a Burglary of a Motor Vehicle charge becomes more severe each time, it is vital to avoid a conviction. McLaughlin Law is here to help.
Burglary of a Building includes structures such as stores, office buildings, and storage facilities. The important factor is that the building is not adapted for overnight accommodation of people.
Burglary of a Building is a State Jail Felony.
Burglary of a Habitation is a 2nd Degree Felony. It becomes a 1st Degree Felony if a person intended to commit a felony offense other than felony theft.
Texas defines a "Habitation" as a structure or vehicle that is adapted for the overnight accommodation of people. Texas also includes structures appurtenant to or connected with the habitation, such as garages.
Because there is so much at stake when charged with such severe crimes, is important to call an experienced criminal defense attorney in Fort Worth to fight for you. Call McLaughlin Law right away to get a personal, confidential consultation.