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Tarrant County Criminal Lawyers
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Representing individuals charged with criminal offenses
Burglary
Early intervention in a criminal case can often
make the difference between facing misdemeanor or
felony charges, or indeed whether or not any
charges are filed at all. Please do not hesitate
to
contact our office and schedule a
consultation to discuss the specific facts of your
case.
§ 30.02.
Burglary, Texas Penal Code
(a) A
person commits an offense if, without the effective consent of the
owner, the person:
(1)
enters a habitation, or a building (or any portion of a building)
not then open to the public, with intent to commit a felony, theft,
or an assault; or
(2) remains concealed, with intent to
commit a felony, theft, or an assault, in a building or habitation;
or
(3) enters a building or habitation
and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter"
means to intrude:
(1) any part of the body; or
(2) any physical object connected
with the body.
(c) Except as provided in Subsection (d),
an offense under this section is a:
(1) state jail felony if committed in
a building other than a habitation; or
(2) felony of the second degree if
committed in a habitation.
(d) An offense under this section is a
felony of the first degree if:
(1) the premises are a habitation;
and
(2) any party to the offense entered
the habitation with intent to commit a felony other than felony
theft or committed or attempted to commit a felony other than felony
theft.
§ 30.03. Burglary of Coin-Operated or
Coin Collection Machines, Texas Penal Code
(a) A
person commits an offense if, without the effective consent of the
owner, he breaks or enters into any coin-operated machine, coin
collection machine, or other coin-operated or coin collection
receptacle, contrivance, apparatus, or equipment used for the
purpose of providing lawful amusement, sales of goods, services, or
other valuable things, or telecommunications with intent to obtain
property or services.
(b) For purposes of this section, "entry"
includes every kind of entry except one made with the effective
consent of the owner.
(c) An offense under this section is a
Class A misdemeanor.
§ 30.04. Burglary of Vehicles, Texas Penal Code
(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.
(b) For purposes of this section, "enter"
means to intrude:
(1) any part of the body; or
(2) any physical object connected
with the body.
(c) For purposes of this section, a
container or trailer carried on a rail car is a part of the rail
car.
(d) An offense under this section is a
Class A misdemeanor unless the vehicle or part of the vehicle broken
into or entered is a rail car, in which event the offense is a state
jail felony.
(e) It is a defense to prosecution under
this section that the actor entered a rail car or any part of a rail
car and was at that time an employee or a representative of
employees exercising a right under the Railway Labor Act (45 U.S.C.
Section 151 et seq.).
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Criminal Defense
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www.kennedyattorneys.com
TARRANT COUNTY CRIMINAL LAWYERS
Criminal Attorneys serving Fort Worth & all of Tarrant
County
Law Offices of Kennedy & Kennedy
303 West Abram Street
Arlington, Texas (TX) 76010
(817) 460-7171 Metro (817) 461-2800
Tarrant County Cities: Arlington, Azle,
Bedford, Benbrook, Blue Mound, Burleson, Colleyville,
Crowley, Dalworthington Gardens, Edgecliff, Euless,
Everman, Flower Mound, Forest Hill, Fort Worth,
Grand Prairie, Grapevine, Haltom City, Haslet, Hurst, Keller, Kennedale, Lake Worth, Lakeside,
Mansfield, Naval Air Station, Newark, North
Richland Hills, Pantego, Pelican Bay, Richland Hills, River
Oaks, Saginaw, Sansom Park, Southlake, Trophy Club, Watauga, Westlake, Westover Hills, Westworth,
White Settlement.nt. |