Burglary of a motor vehicle (BMV) is a Class A misdemeanor in Texas — until prior convictions turn it into a felony. The offense is broader than most people expect: reaching into an open window or truck bed with the intent to steal can be enough, and nothing has to actually be taken. Because BMV cases so often rest on circumstantial evidence and shaky identifications, they are very defensible.
If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.
What the Law Covers
Under Texas Penal Code § 30.04, a person commits BMV by breaking into or entering a vehicle, or any part of a vehicle, without the owner's effective consent and with intent to commit any felony or theft. "Entry" means intruding any part of the body or any physical object connected to the body. The offense is complete on entry with the required intent — no completed theft is necessary.
Penalty Range
| Circumstance | Offense Level | Punishment |
|---|---|---|
| Burglary of a motor vehicle | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| With two or more prior BMV convictions | State Jail Felony | 180 days – 2 years state jail; up to $10,000 fine |
| Vehicle is a rail car | State Jail Felony | 180 days – 2 years state jail; up to $10,000 fine |
How These Cases Are Defended
- Lack of intent. The State must prove you entered with intent to commit theft or a felony; presence near or contact with a vehicle is not enough.
- Mistaken identity. BMV is frequently charged from limited surveillance footage; we test identifications hard.
- No "entry." Whether any part of the body or a connected object actually intruded into the vehicle is often disputed.
- Consent. Permission from the owner defeats the charge.
- Illegal search and diversion. We suppress unlawfully obtained evidence and pursue diversion, reduction, and dismissal, especially for first offenders.
Collateral Consequences
Even a misdemeanor theft-related conviction can be treated as a "crime of moral turpitude," affecting employment, immigration, and credibility — and a felony BMV multiplies those consequences. Keeping the case off your record is usually the goal.
Related Charges
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with burglary of a motor vehicle in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.