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.
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
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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 ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
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