In the State of Texas, there are two types of Burglary offenses that, as felonies, can carry a punishment range of 180 days to 99 years in prison or state jail and a fine not to exceed $10,000.
There are three possible ways a person can commit the offense of Burglary
- If they enter a private habitation or building, without the effective consent of the owner, with the intent to commit a felony, theft or assault.
- If they remain concealed, with intent to commit a felony, theft, or assault, in a building or habitation.
- If they enter a building or habitation and commits or attempts to commit a felony, theft or assault.
It is important to know that Texas Law loosely defines the meaning of the word “enter” when it comes to the offense of Burglary. According to Texas Law, one can “enter” a building with any part of the body OR any physical object connected with the body.
When it comes to the offense of Burglary, the biggest factor in determining the severity of the charge is whether or not a building or habitation was burglarized. Burglary of a Habitation is the more severe of the two and carries the greatest punishment. Depending on the circumstances, a burglary of habitation can be charged as a First or Second Degree Felony. Burglary of a Building, that is not a habitation, can be charged as a State Jail Felony.
If you are being charged or are under investigation for the offense of Burglary, it is very important that you contact an experienced Attorney as soon as possible.