Criminal Defense and family law

AuClair Law Firm

Burglary 

Under the Texas Penal Code a person commits burglary if they, without effective consent of the owner, enter a habitation (house, apartment), or building (or any portion of a building), that is at that time not open to the public, and have the intent to commit or commit a felony, theft, or an assault, or they remain concealed (hidden) with intent to commit a felony, theft, or an assault. Burglary is a State Jail Felony if it is committed in any building other than a habitation. It is a Second Degree Felony if it is committed in a habitation. It is a First Degree Felony if it is committed in a habitation and any party to the offense entered the habitation with the intent to commit a felony other than felony theft or they committed or attempted a felony other than felony theft. 


BURGLARY OF VEHICLES 

Under the Texas Penal Code burglary of vehicles is committed when a person breaks into or enters a vehicle or any part of a vehicle without effective consent or permission from the owner with the intent to commit a felony or theft. This is a Class A Misdemeanor. 

  • The Texas Penal Code statute for burglary of a vehicle describes "enter" as any part of the body or any physical object that is connected with the body.

A Class A Misdemeanor with a minimum term of confinement of six (6) months if defendant has been previously convicted of burglary of vehicles before. 

State Jail Felony if defendant has been previously convicted two (2) or more times of burglary of vehicles. It is also a State Jail Felony if the vehicle broken into or entered is a rail car. 


criminal trespass 

The Texas Penal Code states that a person commits criminal trespass if they enter or remain on or in the property of another without the effective consent of the owner and they had notice that entry was forbidden or they had notice to depart but failed to do so. This is a Class B Misdemeanor. 

  • For the purposes of this statute property includes; residential land, agricultural land, recreational vehicle park, a building, or an aircraft or other vehicle. 

Class A Misdemeanor if the offense is committed in a habitation or shelter center, on a superfund site, or on or in a critical infrastructure facility. This is also a Class A Misdemeanor if while committing the offense the person carries a deadly weapon. Common example: A person is told to return to a store but they return anyway.