Texas Burglary Overview

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If you are currently under investigation for burglary in Texas, you are facing potential prison time, fines, and a permanent mark on your criminal record which can have an adverse effect on your personal and professional reputation. With the stakes this high, you need an aggressive lawyer that will protect your rights and future from beginning to end.

With more than three decades of legal experience, The Law Office of Shane Phelps, P.C. understands what it takes to either reduce the charges our clients face or get their entire case dismissed. Our Bryan and College Station criminal defense attorneys have successfully handled misdemeanors and felonies, and has established themselves as a compassionate and trustworthy firm.

Burglary Law & Penalties

In Texas, burglary is defined as doing one of the following actions without the property owner’s consent:

  • Entering a habitation, building, or any part of a building not open to the public with the intent to commit a felony, a theft, or an assault.
  • Remaining hidden in the habitation or building with the intent to commit a felony, a theft, or an assault.
  • Entering a habitation or building and committing or attempting to commit a felony, a theft, or an assault.

If burglary is committed in a building other than a habitation, it is a state jail felony that is punishable by a maximum jail sentence of two years. If burglary is committed in a habitation, it is a second-degree felony that results in a prison sentence ranging from two to 20 years. If a burglary occurs in a habitation and any party to the offense entered with the intent to commit or attempt to commit a felony other than theft, it is a first-degree felony that is punishable by a maximum prison sentence of 99 years.

Lastly, burglary of a vehicle is a Class A misdemeanor, which carries a maximum jail sentence of one year. If, however, the offender has a criminal record including two or more similar charges, the charge can be elevated to a state jail felony.

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