When we think of the crime of burglary, we may envision someone busting down a locked door and stealing something inside. However, under Texas law, burglary need not be as violent as that.
How does Texas law define burglary?
Under Texas law, there are several ways a person can commit the crime of burglary. First, a person commits the crime of burglary if they enter a home or building that is not open to the public with the intention of committing a felony theft crime or assault. Note that the crime does not actually have to occur — intention is enough.
Second, a person commits the crime of burglary if they remain concealed in a home or building with the intention of committing a felony crime, theft crime or assault therein. Again, the crime itself need not be committed, as long as it is intended.
Third, a person commits the crime of burglary if they enter a home or building and commits or tries to commit a felony crime, a theft crime or an assault.
What does it mean to “enter” a home or building?
For purposes of burglary laws in Texas, a person enters a home or building under two circumstances. One is if any part of their body intrudes into the premises. Second is if any physical object connected with their body intrudes into the premises.
Texas takes the crime of burglary seriously
Burglary is a felony crime in Texas, and police and prosecutors will not hesitate to arrest and charge those they believed committed burglary. This post does not offer legal advice pertinent to any person’s specific situation. If you are accused of burglary it is important to seek the help you need to develop a solid defense strategy that will lead to a reduction in charges or having the charges dropped altogether.