Under Texas burglary laws, the crime of burglary of a motor vehicle is defined as follows:
- A person unlawfully breaks into or enters either:
- A vehicle,
- Any part of a vehicle;
- If they do not have the consent of the owner; and
- They have the intent to commit theft or any other felony crime in the vehicle.
The prosecution must be able to prove the three elements mentioned in the list above beyond a reasonable doubt. If the prosecution fails to prove all three elements as required, then the perpetrator cannot be convicted of the crime of burglary of a vehicle in Texas.
As an example of how this definition may apply to some actual facts, a person may be charged with the crime of burglary of a vehicle in Texas if they smash the driver-side window in a vehicle without the owner’s permission in order to steal the radio inside the car.
What Does “Enter Into” Mean in Connection With Burglarizing a Vehicle?
According to the Texas State Penal Code, the term “enter into” is defined under the burglary of a vehicle statute as:
- An intrusion into a motor vehicle using either:
- Any part of a perpetrator’s body to enter a motor vehicle,
- Any physical object that is connected to the body of a perpetrator to enter the vehicle in question.
For example, a perpetrator may use their elbow, foot, or some other body part to smash the windshield or a window in order to gain entry into a vehicle.
Alternatively, the statute also says that the perpetrator may meet the definition of “enter into” if they use a physical object that is connected to their body to gain entry to the inside of a vehicle.
This is the awkward legal way of stating that the perpetrator may pick up a crowbar, baseball bat, rock, or some other physical object and then use it to jimmy the locks or smash parts of the vehicle to access its interior. This is what is meant by using a physical object connected to the body.
Can I Be Charged With Breaking into a Vehicle if the Owner Gave Me Consent?
It is important to note that a person may not be charged with breaking into a vehicle if the owner of the vehicle has given them permission or consent to do so. This is because obtaining permission or consent from the vehicle’s owner would negate one of the elements of the crime. Therefore, the prosecution would not be able to prove their case.
Of course, before entering another person’s car, a person would want to be quite confident that the owner gave them permission and that they can prove it.
Is Burglary of a Vehicle Charge a Misdemeanor?
A perpetrator can be charged with either a felony or a misdemeanor offense for committing the crime of burglary of a vehicle in Texas. Whether a Texas perpetrator is charged with a felony or a misdemeanor offense depends on a number of factors, such as:
- The facts surrounding a particular case;
- Whether the perpetrator has a prior criminal record or has previously been convicted of this same crime;
- Whether the perpetrator carried out any of the additional actions that transform this offense into a felony crime under the Texas statute for burglary of a vehicle;
- Whether the perpetrator carried out the offense in circumstances that make it a felony instead of a misdemeanor.
Does Burglarizing a Vehicle Have a Minimum Sentence?
In Texas, the crime of burglarizing a vehicle is a Class A misdemeanor. This means that if a defendant is convicted of burglarizing a vehicle in Texas, they can potentially receive a sentence that includes the following:
- Jail time of up to 1 full year to be served in a county facility;
- Payment of a fine of as much as $4,000 maximum;
- Both jail and payment of a fine.
In addition, the Texas crime of burglarizing a vehicle also has a minimum sentence if the prosecution can prove at trial that the perpetrator was previously convicted of this same offense under a specific section in the Texas statute. In this instance, a Class A misdemeanor has a minimum jail sentence of 6 months. This means that if a person is convicted, they must serve at least 6 months in jail.
However, it should be noted that this 6-month jail term may be extended for even longer since it only accounts for the minimum punishment that can be imposed for this crime.
Can I Be Charged With a Felony for Burglary of a Vehicle?
It is possible to be charged with a felony for burglary of a vehicle. This can happen when a perpetrator has been convicted of burglarizing a motor vehicle 2 or more times in the past. In such a scenario, the perpetrator’s charges are elevated from a misdemeanor offense to a felony.
Another instance in which a defendant may be charged with a felony offense for burglary of a motor vehicle is when the vehicle into which the perpetrator enters is a rail car. A rail car is a train with a single compartment, as opposed to a railway car, which is part of a standard train that has multiple compartments.
One final way that a person can be charged with a 3rd-degree felony when committing this offense is if they unlawfully break into or enter a vehicle with the intent to commit theft of a controlled substance without the vehicle owner’s permission.
Alternatively, a perpetrator may also be charged with a 3rd-degree felony if the vehicle they break into or enter is owned by a wholesale distributor of prescription drugs and the perpetrator breaks into it with the intent to commit theft of a controlled substance.
A 3rd-degree felony is one of the less severe classes of felonies in Texas. Nonetheless, it is still more serious than any Texas misdemeanor criminal offense.
This can be seen from the punishment. A conviction for a 3rd-degree felony may be punished by a sentence of 2 to 10 years in prison and payment of a fine of as much as $10,000.
Of course, there are consequences beyond just jail time and a hefty fine for a criminal conviction. There are other adverse consequences, such as the following:
- Losing the right to vote;
- A legal ban on owning and possessing firearms;
- An inability to earn certain professional certifications;
- An inability to obtain federal student loans,
- The adverse consequences of having a criminal record.
A criminal record can make it difficult for a person to find housing or to land a job. It certainly is not helpful to a person.
Should I Contact an Attorney for Help With My Case?
If you have been charged with burglary of a vehicle in Texas, then it is strongly recommended that you hire a local Texas lawyer as soon as possible. A Texas criminal defense lawyer who has experience in handling cases that involve burglary of a vehicle charges will be able to advise you of your rights as a Texas criminal defendant.
Your attorney can offer guidance on the best way to proceed with your case. Your attorney can also assist you in developing a solid defense if the facts support it and can represent you in negotiations and in court.
