What Is Burglary Of A Vehicle In Texas?
In order to understand the Texas criminal law definition of burglary of a vehicle, we must refer to the Texas Penal Code. Texas Penal Code § 30.04 states that a person commits the offense of Burglary of a Vehicle if the person without the effective consent of the owner:
Breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
Under the Texas Penal Code, to “enter” means to intrude any part of the body or any physical object connected with the body.
Let us examine a few common questions people ask regarding burglary of a motor vehicle:
Is it possible to be arrested for burglary of a vehicle when you didn’t steal anything?
Yes! Texas law does not require that anything be stolen in order to be arrested and convicted for burglary of a motor vehicle IF the prosecutor can prove beyond a reasonable doubt that the accused had the INTENT to enter into the vehicle to commit a theft.
For example: a police officer pulls up on someone sitting in a car digging through the center console and looking through belongings. The officer learns that the individual in the car did not have consent to be in the car but nothing was stolen. Can the police officer arrest in this situation? Yes. A police officer will believe they have probable cause to show that a burglary of a vehicle was taking place if the person did not have consent to be in the car and they were digging through items of value. Additionally, if someone appears to be fishing a hanger into a car to enter it and they do not have consent from the owner, a police officer will believe they have sufficient probable cause to make an arrest for burglary of a vehicle.
Can someone be arrested for burglary of a motor vehicle when they never entered the vehicle?
Technically, yes. As described above, the definition of “enter” can include any object connected with the body entering the vehicle. If someone breaks a window or forces something through a window or through an open window with the intent to commit theft, the definition of burglary of a vehicle would technically be met under Texas criminal law.
Is Burglary Of A Motor Vehicle A Felony In Texas?
For a first-time offender, NO! For a first-time criminal offense of burglary of a vehicle, you will be charged with a Class A Misdemeanor, punishable by a term in the county jail of up to 1 year and up to a $4,000 fine.
However, if it is proven at a jury trial that the accused has two or more prior burglary of a motor vehicle convictions, they will be facing a state jail felony charge, punishable by a term in prison of not less than 180 days and not more than 2 years and a fine of up to $10,000. Finally, if it can be proven at trial that the accused burglarized a vehicle that was owned or operated by a wholesale distributor of prescription drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance, the accused could face a third degree felony, punishable but a term in prison of up to 10 years and up to a $10,000 fine.
Legal Defenses To Burglary Of A Motor Vehicle In Texas
If you or a loved one has been arrested and charged with the crime of Burglary of a Motor Vehicle, you should immediately hire an experienced and aggressive Fort Worth criminal defense attorney with the ability and track record to give you the best chance at a dismissal of your burglary charges. After hiring a criminal attorney, you should then begin to research Texas law regarding your possible legal defenses so that you will be prepared to partner with your criminal defense lawyer to beat your case.
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00:00 How To Beat A Burglary Of A Motor Vehicle Case
01:22 What Does "Enter" mean?
02:00 Can You Be Arrested For Burglary Of A Vehicle When You Didn't Steal Anything?
03:37 Can you be arrested for burglary of a vehicle When you never entered the vehicle?
04:15 Is Burglary Of a Motor Vehicle A Felony?
04:55 Legal Defenses To A Burglary Of a Motor Vehicle
09:08 Attempted Burglary Of A Motor Vehicle
09:37 Can A Burglary Of A Motor Vehicle Case Be Dismissed?
14 авг 2024
