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3 common ways to receive a burglary charge in Texas

On Behalf of | Dec 28, 2020 | Criminal Defense

A burglary conviction in the Lone Star State carries with it some significant legal penalties. If prosecutors prove each element of the offense beyond a reasonable doubt, you may forever have a felony conviction on your record. You may also face a lengthy prison sentence, a steep fine or both. 

The Texas Penal Code outlines three common ways to commit the crime of burglary. 

1. Entering a structure without permission

There is no such thing as accidental burglary. To be criminally responsible, you must enter a non-public dwelling or other structure with the intent to commit a felony. Intending to steal property or assault a person may also qualify as burglary. 

For example, opening the window of a private house to climb inside without permission and beat up the homeowner may satisfy the elements of burglary. 

2. Remaining inside a structure

Even if you legally enter a building, you may not remain there with the intention of committing a felony, assault or theft. That is, you may not conceal yourself in a structure for the purpose of engaging in future unlawful conduct. 

For example, hiding beneath a clothing rack at a store to steal an expensive television after the store closes likely violates Texas law. 

3.Attempting to commit a crime

You do not have to be successful to commit a burglary offense. If you enter a building and simply try to commit a felony, theft or assault, prosecutors may still charge you with a crime. 

For example, running out of a house you have no permission to be in before having the opportunity to grab an object you intended to steal may expose you to burglary charges.