Burglaries are a common cause of concern for homeowners, businesses and law enforcement alike. While they may seem very similar, trespass and burglary are quite different in terms of legal definitions, intent and potential consequences.
In Texas, burglaries and trespass are treated very distinctly. Each crime involves different elements that must be proven in court.
Trespass
Trespass is the unlawful entry onto someone else’s property without permission. In Texas, trespassing occurs when an individual knowingly enters or remains on private land or property without the owner’s consent. This can include:
- Entering property marked with “No Trespassing” signs or ignoring clear warnings and entering land designated as off-limits
- Entering a property that is enclosed by barriers or fences without authorization
- Remaining on the property after the owner has explicitly requested that you exit
- Entering buildings or areas meant for private use such as homes, businesses or restricted zones, without permission
- Engaging in activities like hunting or fishing without obtaining the landowner’s consent
Trespass does not require proof of any intent beyond the unauthorized entry itself. The primary focus is on the fact that the entry was without permission, regardless of the individual’s intentions or actions while on the property.
Burglary
Unlike trespass, burglary involves unlawful entry into a building with criminal intent, such as theft or assault. Key aspects of burglary include:
- The individual must enter a building or structure without permission. This can involve breaking and entering, using force or through an unlocked or open door
- The intent to commit a crime once inside the premises
- Burglary can occur in various types of structures, including homes, businesses or other buildings
Burglary is considered more serious than trespass due to the added element of intent to commit a crime, leading to more severe penalties. Whether facing burglary or trespass charges, getting prompt legal guidance and representation can help you build a strong defense and pursue the best outcome.