Hempstead, Texas/Waller County Criminal Lawyer Jim Sullivan represents real people accused of breaking the law, including Burglary of a Motor Vehicle. If you need a serious Hempstead, Texas/Waller county criminal attorney, you can call Jim Sullivan right now at 281-546-6428.
Texas Penal Code, Section 30.04 – Burglary of Vehicles
(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, except that:
(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(B) the vehicle or part of the vehicle broken into or entered is a rail car.
(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
(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.).
Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin County, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin, Brazoria County, Chambers County, Colorado County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.
