Burglary Defense

Most people think of burglary as breaking into a house to steal something. In practice it is criminal trespass combined with another offense.

Burglary charges regularly come out of bad breakups. An ex-boyfriend learns his ex-girlfriend has a new partner over, gets angry, and kicks the door down to confront him. That is burglary of a habitation, a second-degree felony, even though nothing was taken.

Burglary is not limited to a home. Entering any building without permission while committing an offense inside qualifies, including a business after hours. And any structure attached to a house, such as a garage, legally counts as part of the habitation. Someone who enters an attached garage to take a lawnmower has committed burglary of a habitation, the same charge as entering the bedroom for jewelry, a second-degree felony punishable by two to twenty years in prison.

The Statute

Citation: Texas Penal Code §30.02

Degree and classification

• State jail felony for a non-habitation building
• Second-degree felony for a habitation
• First-degree felony for habitation burglary with intent to commit a felony beyond theft

Statutory language: A person commits burglary if, without consent, they enter a habitation or a non-public building with intent to commit a felony, theft, or assault, or enter and commit or attempt such an offense.