Texas burglary of vehicles — Penal Code § 30.04
Texas burglary of vehicles is a criminal offense under Penal Code § 30.04. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 30.04 criminalizes breaking into or entering a vehicle (or any part of a vehicle) with intent to commit a felony, theft, or assault. Unlike burglary of habitation, burglary of vehicles is typically a misdemeanor on first offense. Repeat offenses or aggravated circumstances (commercial vehicles, persons inside) elevate the offense to felony
Classification: Class A misdemeanor (first offense) up to state jail felony (repeat offender)
Punishment range: Class A misdemeanor (up to 1 year, $4,000) first offense; state jail felony (180 days-2 years) for prior § 30.04 conviction; enhanced state jail felony for certain aggravators
The controlling statute
Texas Penal Code § 30.04 criminalizes breaking into or entering a vehicle (or any part of a vehicle) with intent to commit a felony, theft, or assault. Unlike burglary of habitation, burglary of vehicles is typically a misdemeanor on first offense. Repeat offenses or aggravated circumstances (commercial vehicles, persons inside) elevate the offense to felony status.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 30.04 |
| Cluster | Property Crimes |
| Classification | Class A misdemeanor (first offense) up to state jail felony (repeat offender) |
| Range | Class A misdemeanor (up to 1 year, $4,000) first offense; state jail felony (180 days-2 years) for prior § 30.04 conviction; enhanced state jail felony for certain aggravators |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 30.04 charge, the State must prove every element beyond a reasonable doubt:
- Defendant broke into or entered a vehicle
- Without effective consent of the owner
- With intent to commit a felony, theft, or assault
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Burglary of Vehicles case:
- No "entry" — opening a door or reaching in may or may not qualify
- No intent to commit a felony, theft, or assault at the moment of entry
- Mistake of ownership (defendant believed vehicle was his)
- Effective consent — owner authorized entry
- Identification challenges and alibi
- Class A negotiation when felony enhancement is contested
Enhancements & collateral consequences
A SECOND § 30.04 conviction (within 10 years) becomes a state jail felony. Burglary of a commercial vehicle (rail car, truck) or vehicle with persons inside can also elevate to state jail felony. Habitual offender enhancement applies under § 12.42.
Key Legal Terms
- Entry (§ 30.04)
- Intrusion of any part of the body or any physical object into the vehicle. Texas courts have construed entry broadly — reaching through a broken window or open door qualifies.
- Intent at Time of Entry
- The State must prove defendant's intent to commit a felony, theft, or assault at the MOMENT of entry. Afterthought intent (theft decided after entering for another reason) does not establish burglary.
- Habitual Offender Enhancement (§ 12.42)
- Prior felony convictions can enhance subsequent state jail felonies — including burglary of vehicles. Two prior sequential final felony convictions can produce 1st-degree exposure.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is burglary of a vehicle in Texas?
Is breaking a car window automatically burglary of a vehicle?
What is the penalty for burglary of a vehicle in Texas?
Is reaching into an unlocked car burglary of a vehicle?
Can burglary of vehicles be expunged in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Burglary of Vehicles? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060