TexasCHLforum.com

Katygunnut wrote:

Keith B wrote:In Texas TPC 30.04 Burglary of Vehicles indicates that a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

For the act of burglary of a vehicle only, the penalty is a Class A misdemeanor. If one prior burglary of a vehicle offense is on the defendant's record, then there is a minimum six months of incarceration. If two or more priors, the offense can be elevated to a state jail felony, with a maximum sentence of two years in the state jail and fines.

So, unless you know the intent is to commit theft or a felony, then the act is just a misdemeanor until that person commits a higher level act (like steals the car or something else.)

First off, I wouldn't shoot at someone who is trying to steal my car unless I had a baby inside the car at the time, or something similar that was irreplaceable.


That said, wouldn't it be prefectly reasonable to presume that someone breaking into a locked vehicle intends to commit theft, at a minimum? Said another way, if a police officer witnesses me breaking into a locked car, are they going to charge me with attempted burglary of a vehicle, even if I don't actually take anything from the vehicle before they arrest me? If that charge can stick, then I think the precedent is already set that it is reasonable to presume intended theft when someone breaks into a locked vehicle.

Jim Beaux wrote:Before I shot someone trying to steal my stuff, I would try to give fair warning and the option to stop and surrender. I think I can live with the consequences of their choice.

A guy told me that after his house was burgled he and his wife had strong issues with being violated. He said that their personal stuff had been gone through, including his wife's lingerie. She couldnt ever wear these items again & was forced to chunk em as they were defiled. He said it was akin to being raped; and their once secure, home sweet home, was no longer the safe haven.