Burglary of a Motor Vehicle — often abbreviated BMV — is charged when a person breaks into or enters a vehicle without consent and with the intent to commit theft or another felony. Unlike many burglary offenses, a first BMV is a misdemeanor, but prior convictions quickly raise the stakes.
What the Law Covers
BMV is defined in Texas Penal Code § 30.04. The State must prove that you broke into or entered a vehicle, or any part of it, without the owner's effective consent and with intent to commit a felony or theft.
Punishment Range
BMV is generally a Class A misdemeanor, punishable by up to a year in county jail and a fine of up to $4,000. With two or more prior BMV convictions, it becomes a state jail felony, and there are other enhancements as well.
How These Cases Are Defended
The required intent is often the weakest part of the State's case — entering a vehicle is not a crime without the intent to commit theft or a felony inside. Other defenses include consent, identity and mistaken identification (these cases lean heavily on surveillance video), and any unlawful search or arrest.
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.