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Burglary of a Building, Burglary of a Dwelling

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Burglary of a Habitation

What is it? Burglary of a Habitation, common called Burglary of a Home, occurs when an individual enters a building with the intent to steal items from within, where that building is the occupied dwelling. The building need not contain people or be occupied at the time of the entering, as long as the home is occupied as a residence.

What makes it illegal?  The Texas Criminal Penal Code Sec. 30.02.  Burglary of a Habitation indicates that a person commits an offense if he enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

What are the Punishments? For individuals arrested for Burglary of a Habitation, the penalty is a felony of the second degree. The offense is elevated to 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.

Common Criminal Cases Involving Burglary of a Habitation Arrests: The most common Burglary of a Habitation cases involve home robberies or thefts from a house.

Burglary of a Building

What is it? Burglary of a Building, also known as non-residential or habitated burglary, occurs when a building is entered with the intent to steal or take items, where the building or structure is not a home.

What makes it illegal?  The Texas Criminal Penal Code Sec. 30.02.  Burglary of a Building indicates that a person commits an offense if he 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

What are the Punishments? For individuals arrested for Burglary of a Building, the penalty is a state jail felony if committed in a building other than a habitation, with a maximum sentence of two years in the state jail and fines.

Common Criminal Cases Involving Burglary of a Building Arrests: The most common Burglary of a Building cases and arrests stem from Shoplifting arrests where a person enters a commerical store with the intent to steal items.

Burglary of a Vehicle

What is it? Burglary of a Motor Vehicle, common referred to as Auto Burglary, is when a motor vehicle is entered or broken into in order to steal or take items without the owner's consent.

What makes it illegal?  The Texas Criminal Penal Code Sec. 30.04.  BURGLARY OF VEHICLES indicates that a person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

What are the Punishments? For individuals arrested for  BURGLARY OF VEHICLES, the penalty is a Class A misdemeanor punishable by up to one year in the county jail with fines. If one prior BURGLARY OF VEHICLE offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be enhanced to a state jail felony, with a maximum sentence of two years in the state jail and fines.

Common Criminal Cases Involving Theft Arrests: The most common Burglary of a Vehicle case and arrest involves a car window being broken or smashed in, allowing items to be grabbed and stolen from within the car. Another common arrest is checking door handles to determine whether a vehicle is unlocked.


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Law Office of Robert Keates
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Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX 512-800-3741
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