Texas Penal Code § 30.02 – More Than Just “Breaking and Entering”

In Texas, burglary is committed when a person:

• Enters a building or habitation (or part of one) without effective consent, and
• With intent to commit theft, felony, or assault – OR actually commits/attempts one inside

It does not require forced entry. Walking through an open garage door, climbing through an unlocked window, or remaining inside after closing time can all qualify as burglary.

Even a teenager sneaking into a house to take a PlayStation or to “hang out” can be charged with a second- or first-degree felony.

Common Situations That Lead to Burglary Charges

• Entering a neighbor’s garage to steal tools or a bike
• Walking into an ex’s house without permission
• “Borrowing” a car from an open garage
• Remaining hidden in a store after closing to steal merchandise
• Home-invasion style entries (often charged as first-degree even if nothing is taken)

Prosecutors aggressively pursue these cases because burglary of a habitation is considered a violent crime under Texas law, even when no one is home.

Why You Need Barton & Associates Immediately

Burglary cases are built on circumstantial evidence and overcharged to force pleas. Many people are charged with first-degree felonies when the facts only support state-jail or misdemeanor trespass.

At Barton & Associates, Attorneys at Law, our board-certified criminal defense team has dismissed or dramatically reduced hundreds of burglary cases by:

• Proving lawful consent or mistaken belief of consent
• Showing intent to commit theft was never formed at the time of entry
• Reducing first-degree charges to criminal trespass (misdemeanor) when appropriate
• Suppressing evidence from illegal searches or knock-and-talk encounters
• Winning at trial when the
• State cannot prove entry or intent beyond a reasonable doubt

We respond 24/7 and start attacking the case before the grand jury even sees it.

If you or a loved one has been arrested for burglary in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential consultation.