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

 Posted on October 24, 2024 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. Our Plano, TX criminal defense attorneys know how to defend against serious crimes and will fight for your rights. Contact us right away if you have been accused burglary or 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.

Do You Need Intent to Be Charged with Burglary in Texas?

Yes, to be charged with burglary in Texas, a person must have the intent to commit a crime before entering the property. This could include intent to steal, vandalize, or assault someone inside. Without this intent, the charge may be reduced to criminal trespass, which does not require any intent beyond entering the property without permission.

How Can a Prosecutor Prove Intent in a Burglary Case?

In a burglary case, proving intent is one of the key challenges for the prosecution. Under Texas law, burglary requires that the person entered a property with the intent to commit a crime, such as theft, assault, or vandalism. Since intent is a mental state and cannot be directly observed, prosecutors often rely on circumstantial evidence to demonstrate it. Here are some common ways they can prove intent in a burglary case:

• Possession of Tools or Weapons: If the person had burglary tools, like crowbars, lock-picking devices, or weapons, this can suggest they intended to commit a crime once inside the property. The presence of these items may indicate premeditation and intent.
• Actions Before or After Entry: Prosecutors will look at the defendant’s behavior before or after entering the property. For example, if the person was caught lurking around a home or attempting to disguise their identity, it might show intent to break in and commit a crime. Similarly, fleeing the scene or being found with stolen items shortly after the break-in can help establish intent.
• Unlawful Entry: If a person unlawfully enters a home, building, or vehicle without a legitimate reason, it can be inferred that they had the intent to commit a crime. For example, entering through a broken window or locked door suggests the person did not have permission and had a criminal motive.
• The Nature of the Property and Timing: Entering certain types of property at unusual times (e.g., a closed business at night) can help show intent to commit a crime. If a person is found inside a closed store or private residence without a reasonable explanation, prosecutors may argue that they intended to burglarize the location
• Prior Criminal History: While prior offenses are not always admissible, in some cases, the prosecution may use the defendant’s past burglary or theft convictions to help establish intent, particularly if the new charges follow a similar pattern of behavior.
• Statements or Admissions: Any statements made by the defendant, either before or after the arrest, can be used as evidence of intent. For instance, if someone admits they entered the property to steal something, that admission can directly prove their intent.

By piecing together these types of evidence, prosecutors can build a case to prove that the defendant entered the property with the intent to commit a crime, satisfying the requirements for a burglary conviction. However, a skilled defense attorney can challenge these arguments by providing alternative explanations or disputing the evidence presented. It is especially important not to speak to investigators or police without an attorney present so you do not accidentally say something that admits or infers your guilt.

What Are Some Common Examples of Criminal Trespassing?

Criminal trespassing covers a wide range of behaviors. Some common examples include entering a restricted area like a construction site, remaining on private property after being asked to leave, or using deceit to gain access to a place where entry is not allowed. These actions do not require the intent to commit theft or another crime, but still carry legal consequences.

What Defenses Can Be Used for Burglary or Criminal Trespass Charges?

There are several defenses available to people charged with burglary or criminal trespass. For instance, someone may argue they had the owner’s consent to enter the property, that they lacked criminal intent, or that they were mistakenly identified. An experienced attorney can review the details of the case to determine the best defense strategy based on the specific circumstances.

What Aggravating Factors Can Make Burglary Charges Worse?

Certain factors can make burglary charges more severe. If the crime involves a deadly weapon, results in injury, or escalates to kidnapping or assault, the charge may be upgraded to a first-degree felony. These aggravating factors can result in significantly harsher penalties, including longer prison sentences and higher fines.

How Do Prior Convictions Affect Burglary and Trespassing Penalties?

In Texas, prior criminal convictions can lead to enhanced penalties for burglary or criminal trespass. Repeat offenders face longer jail time, higher fines, and a more serious criminal record. For instance, someone convicted of burglary multiple times may face second-degree felony charges, even if the crime would otherwise have been a third-degree offense for a first-time offender.

Can Burglary or Trespassing Lead to Civil Lawsuits?

In addition to criminal penalties, someone convicted of burglary or trespass may also face civil consequences. Property owners may seek restitution for injuries or any damage caused during the offense, such as broken windows or stolen items. This means a person could be ordered to pay compensation to the property owner, on top of criminal fines and other penalties.

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.