Burglary is defined as breaking and entering into a building or structure in order to commit another felony inside. Generally, burglary does not require the use of force but only an unauthorized entry into a building or dwelling that belongs to another.
Examples of crimes that may be committed after a burglary may include, but are not limited to:
The offense of burglary is also commonly called by other names, for example, breaking and entering or housebreaking. There may, however, be slight differences between these terms, depending on the criminal statutes and laws in the jurisdiction.
In addition, depending on the facts and circumstances of the crime as well as the state laws, burglary may be charged as a misdemeanor or as a felony. In the State of Texas, burglary is defined as not having effective consent of a property owner while:
- Entering a habitation or a building that was not open to the general public to commit a felony, assault, or theft;
- Remaining hidden in a habitation with the intent to commit a felony, assault, or theft in the habitation; or
- Entering a building or a habitation and attempting to commit or actually committing an assault, felony, or theft.
What Does “Entering” Mean in a Texas Burglary Charge?
In Texas, entering a building or habitation means to play any part of an individual’s body into a building, for example, an arm or a foot. It also can mean placing a physical object connected to the individual in the building.
One example of placing physical objects into a building connected to an individual is using burglary tools to reach into a building.
What Does “Habitation” Mean in a Texas Burglary Charge?
A habitation is a vehicle or a structure that is adapted for any overnight accommodations, which may include a trailer or a tent. A habitation is separately secured or can be connected with a vehicle or structure.
What Does “Building” Refer to in a Texas Burglary Charge?
A building is a structure that is intended to be occupied or used for manufacturing, residential, trade, or ornamental purposes.
What Are Some Common Examples of Breaking and Entering?
Breaking and entering can occur in many different ways, including:
- Entering into an individual’s home through a window that is open only slightly;
- Breaking a locked door to enter a residence when no individual is home;
- Going into a convenience store after it is closed and taking merchandise or supplies; and
- Going back to an individual’s former place of employment, breaking in and stealing files or other items that belong to their former employer.
The last three examples constitute burglary if the defendant engaged in the conduct with the intent to commit a felony inside the structure, such as, felony theft.
Is Burglary a Misdemeanor in Texas?
No, burglary is not considered a misdemeanor in Texas. Burglary is considered a:
- State jail felony if a burglary occurred in a building that is not considered to be a habitation;
- Felony in the second degree if it occurred in a habitation; or
- Felony in the first degree if committed in a habitation and the person had the intent to commit a felony theft or other crime.
What Is the Punishment for Burglary in Texas?
In Texas, if an individual is convicted of burglary, they may face the following punishments, depending on the charges against them:
- State jail felony: 180 days in state jail and a $10,000 fine;
- Second degree felony: 2 to 20 years in prison and $10,000 fine; or
- First degree felony: 5 to 99 years in a prison and $10,000 fine.
What Factors Does a Judge Consider When Determining a Burglary Sentence?
There are numerous factors a court may consider when determining a burglary sentence, including:
- The defendant’s previous criminal record;
- Whether the defendant was a repeat or habitual offender for burglary;
- The area in which the burglary happened, for example, a home versus an abandoned building;
- What type of crime was committed on the property or what type of crime the defendant intended to commit;
- The time of day the burglary was committed;
- There are some states that impose more severe penalties for nighttime burglaries as opposed to daytime burglaries;
- Whether a weapon or violence was used in the crime or threats of harm; and
- The mental state of the defendant at the time of the burglary, for example, if they were intoxicated and, therefore, unable to form the necessary intent to commit a burglary.
The court will consider all of these as well as other factors to determine the most important sentence.
What Is Alternative Sentencing for Burglary?
In some cases, alternative sentencing may be available for defendants who are facing burglary charges. Alternative sentencing usually involves sentencing options that allow the individual to avoid jail or prison.
Instead of serving time in a facility, a defendant may be able to complete other programs, such as:
- Community service;
- Mandatory counseling or rehabilitation;
- Paying fines only;
- Work release programs;
- House arrest options; and
- Other options that the court decides.
It is important to be aware that alternative sentencing is typically only available for certain defendants, for example, juvenile offenders or first-time offenders.
Are There Any Defenses Against Burglary Charges?
There are certain defenses that may be available against burglary charges, including:
- Intoxication;
- Insanity defense;
- Lack of intent to commit a crime after entering the property, although the individual may face breaking and entering charges;
- Duress, where the individual was forced to commit the crime under threat of harm; and
- Various other defenses.
The defenses that are available will depend on the laws of the state and the facts of the crime. Some defenses may serve to reduce the severity of charges.
What Is the Difference between Burglary and Robbery?
Robbery is larceny that is committed with intimidation, violence, or the threat of force. Larceny is the unlawful taking and carrying away of property belonging to another individual with the intent to permanently deprive that individual of their property.
One common example of robbery would be holding an individual at gunpoint and demanding that they give up their property, such as their purse, and taking that property away. The main difference between burglary and robbery is that burglary requires breaking and entering into another individual’s property while robbery does not require breaking and entering into a structure.
One other difference between the two offenses is that, in order to be considered a robbery, a weapon or a threat of a weapon must be used during the commission of the crime. Burglary, on the other hand, does not require using or threatening to use a weapon.
Do I Need a Lawyer?
If you have any issues, questions, or concerns regarding a burglary charge or if you have been charged with burglary, it is essential to consult with a Texas criminal lawyer. Your lawyer can advise you if there are any defenses that may be available in your case.
In addition, your lawyer may be able to negotiate with the prosecution for a reduction in the charges against you and, in certain cases, even a dismissal of the charges. Being convicted of burglary as a felony can have an affect on every aspect of your life, including your criminal record, your ability to obtain employment, and your ability to have visitation or custody of your children.
Because of this, it is essential to have a lawyer represent you throughout the criminal process to ensure that your rights are protected.
