Although similar, burglary and criminal trespass are two separate crimes in Texas. To get a conviction for burglary, the more serious of the two, a prosecutor must prove beyond a reasonable doubt that without consent of the owner, the defendant entered a private habitation with the intent to commit a felony, theft, or assault. Entering a vehicle or breaking into a coin-operated machine with the intent to commit a felony or theft is also considered burglary. For burglary, even if the felony, theft, or assault did not take place, a defendant may be found guilty, even if all they had was the intent to commit a crime.

The Difference Between Burglary and Criminal Trespass

The difference between these two related offenses is best explained through an illustration. Suppose Bob broke into Mary's house in hopes of stealing her new television. However, once he broke in and entered the house, the alarm went off and Bob fled the scene. Even though Bob did not take anything from Mary's house, since he intended to do so upon entering, Bob may be found guilty of burglary.

On the other hand, for a defendant to be convicted of a criminal trespass, the only things a prosecutor must prove beyond a reasonable doubt are:

• The defendant entered or remained on the property of another without the person's consent; and
• The defendant had notice that the entry was forbidden, or received notice to leave but failed to do so.

The main difference between criminal trespass and burglary is the intent, or lack thereof, to commit a felony, theft, or assault once the defendant has entered the property.

Texas Burglary and Criminal Trespass Laws: The Basics

Note: State laws are constantly changing -- please contact a Texas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

• Texas Theft/Larceny Laws
• Texas Criminal Statute of Limitations
• Burglary Defenses
• Burglary Penalties and Sentencing
• Defending Yourself Against a Criminal Charge

Charged with Burglary or Criminal Trespass in Texas? Get Legal Help

Whether you're an animal rights activist who ventured too far onto a cattle feedlot or broke into a home with the intent to steal valuable jewelry, burglary or criminal trespass offenses can get you into big trouble. For this reason, it's best to contact an experienced criminal defense attorney near you if you've been charged with violating Texas burglary and criminal trespass laws.