What Is the Punishment for Breaking and Entering a Home in Texas?

 Posted on October 19, 2022 in Criminal Defense

Many people are familiar with the term “breaking and entering,” but may not know exactly what it means. It is often loosely used on television shows and in crime novels to describe property crimes, but without specifically providing a definition for the particular crime. In Texas, breaking and entering is not actually the technical term for the crime of wrongly entering someone’s property and stealing something; instead, Texas uses the terms “burglary” and “criminal trespass.” However, in Texas, you may also hear people use the term “breaking and entering” and you can generally understand it to mean the same thing as burglary and criminal trespass. 

Understanding Burglary and Criminal Trespass

Burglary and criminal trespass are crimes of entering a home, building, or vehicle without the permission of the owner with the intent to commit a crime such as theft or assault. Specifically, criminal trespass is entering or remaining on property without the consent of the owner, while burglary is going onto that property with the intent to commit a crime. 

However, someone who does not successfully commit a theft or assault while trespassing on private property may still be convicted of burglary. Indeed, someone who even reaches their hand into a window and gropes about for something to take can be convicted of both criminal trespass and burglary, even if they did not actually grab and take anything. 

The term “breaking and entering” implies some form of force was used in the commission of criminal trespass and burglary, but that does not necessarily have to be true. While someone can be convicted of criminal trespass and burglary for breaking a window or picking a lock, they may also be convicted for using fraud or deceit to get into private property. For example, someone who poses as an employee of a gas company may claim to be investigating a leak so they can enter a home. 

What Are the Penalties for Breaking and Entering in Texas? 

The penalties for burglary and criminal trespass depend on exactly how the crime was committed, as well as whether the defendant has any additional criminal history. Criminal trespassing is usually a Class B misdemeanor, with fines of up to $2,000 and up to six months in jail. However, some protected areas, such as private homes, allow penalties up to Class A misdemeanor with $4,000 in fines and up to a year in jail. 

Penalties for burglary depend on whether the property was a home, vehicle, school, RV, etc. The most serious burglaries are those committed against habitations, such as private homes and hotels. These burglaries are usually second-degree felonies, with fines up to $10,000 and up to 20 years in jail. If a burglary involves assault, kidnapping, or a similar crime, it may be prosecuted as a first-degree felony with fines up of to $10,000 and between five and 99 years in prison. 

Get the Help You Need from a Plano, TX Criminal Defense Lawyer

If you have been charged with breaking and entering, burglary, theft, or any other criminal property offense, it is essential to retain competent representation from a Collin County criminal defense attorney. At The Crowder Law Firm, P.C., we do not care about your personal history or criminal past. Our goal is simply to provide the best criminal defense possible and ensure your constitutional rights are always protected. Call us today at 214-544-0061 to schedule a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm