The Burglary of Vehicles crime in the state of Texas gives police the right to arrest you if they believe you broke into or entered someone else’s vehicle without their consent. Learn more detailed information about the Burglary of Vehicles offense below.
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The state’s lawyers will also have to prove that you intended to commit a theft or a felony when you entered the vehicle in order to convict you of Burglary of Vehicles.
Burglary of Vehicles is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 30 “Burglary And Criminal Trespass.”
What is the current Texas law about Burglary of Vehicles?
The current Texas law defines the offense of Burglary of Vehicles in Penal Code Section §30.04 as follows:[1]
(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
How can I be charged with Burglary of Vehicles?
You can be charged with Burglary of Vehicles if the state’s attorneys believe that each of the elements of 30.04(a) as described in the section above have been met.
What is the punishment for Burglary of Vehicles?
A conviction for Burglary of Vehicles is punished as a Class A misdemeanor,[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to 1 year, unless one of the enhancements below applies. Learn about the differences between grades of felonies and misdemeanors
If the state’s attorneys can prove that you have been convicted once before for this offense, then a conviction for Burglary of Vehicles is punished as a Class A misdemeanor with a minimum jail term of 6 months.[3]
If the state’s attorneys can prove that you have been convicted two or more times or that the vehicle broken into is a rail car, then the conviction for Burglary of Vehicles is punished as a State Jail Felony,[4] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
Interestingly, the statute considers deferred adjudication pleas to be convictions for enhancement purposes.[5]
Legal References:
^1. Texas Penal Code §30.04^2. Texas Penal Code §30.04(d)^3. Texas Penal Code §30.04(d)(1)^4. Texas Penal Code §30.04(d)(2)^5. Texas Penal Code §30.04(d-1)
