An arrest and criminal charge of burglary, be it commerical burglary, residential burglary or theft, or burglary of a car, can have a devastating effect on your life as well as your loved ones. Not only can you face jailtime, probation, and fines, but the burglary arrest and charge can remain on your criminal record for a long time, hindering your ability to obtain a job or keep employment.
The Texas Criminal Penal Code seciton for burglary is listed below. If you have been arrested for burglary in the Austin area, call us today for aggressive representation and a free legal consultation.
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under this section is a:
(1) state jail felony if committed in a building other than a habitation; or
(2) felony of the second degree if committed in a habitation.
(d) An offense under this section is a felony of the first degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
