Texas Burglary by Breaking and Entering
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How to fill out Burglary By Breaking And Entering?
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FAQ
This crime is typically a Class B misdemeanor with fines of up to $2,000 and up to six months in jail. However, if the B&E occurred in a protected area, like a private home, then the crime may be classified as a Class A misdemeanor with $4,000 in fines and up to a year in jail.
Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.
If the building is a habitation, then a conviction for Burglary in Texas is punished as a Felony of the Second Degree, with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years, unless the enhancement below applies.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
