Burglary of a Building is charged when a person enters a building or structure that is not a habitation — such as a store, warehouse, shed, or office — without consent and with the intent to commit theft or another felony. It is a felony, but it is graded below burglary of a home.
What the Law Covers
Burglary is defined in Texas Penal Code § 30.02. The State must prove that, without the owner's effective consent, you entered a building (or a portion not open to the public) with intent to commit a felony, theft, or assault — or that you entered and then committed or attempted one.
Punishment Range
Burglary of a non-residential building is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.
How These Cases Are Defended
Key issues include the required intent at the time of entry, whether the area entered was actually closed to the public, consent, identity (surveillance and forensic evidence are common), and the legality of any search or arrest. The line between criminal trespass and burglary often comes down to intent.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.