If you’re charged with burglary in the state of Texas, you need to speak to a lawyer for burglary defense immediately. Texas laws can punish severely for burglary, and you want a viable defense who can prevent that from happening. At The Gonzalez Law Group, we want to help you. We know a burglary charge can not only affect you but your family as well. If we take you as our client, we will fight for your sentence to be discharged or least reduced. Contact us at (832) 530-4070 for a free consultation or fill out one of our free case review forms at the bottom. We at The Gonzalez Law Group work with clients from all over the Greater Houston area, including The Woodlands, Katy, Galveston, Baytown, Freeport, Lake Charles, Bay City, Pasadena, Cypress, and more.
Overview of Burglary
What is Considered Burglary Under Texas Law?
Under Texas law and its Penal Code § 30.02, burglary is a type of trespassing with an intention. The trespassing part of the offense refers to entering a building or premise without the owner’s permission or legal authorization.
All this to attempt or commit a felony, theft, or assault. Although many times it’s compared to larceny or vehicle theft, burglary involves explicitly going inside a structure or building. The offense also specified that it could include any part of the property and not just a specific area.
If the burglary involves a non-residency building, then the offense is labeled as a state jail felony. In contrast, if the burglary consists of habitation or place of residence, then the offense is labeled as a second-degree felony. However, offenses are elevated if they involve specific locations. If the commercial building is not residential but is a place possessing controlled substances inside, like a hospital or medical facility, and the person stealing has the intention of taking a controlled substance, then the offense becomes a third-degree felony. The highest regarded offense involving burglary becomes the first-degree felony if it meets the following:
- The place of burglary is a habitation; and
- Has an intention to commit, or tries to engage, or commits another felony, aside from theft
An example of this type of offense is an armed burglar breaking to a house to rob the home and kill the people living inside that home.
Burglary Penalties
As stated below, the offenses for burglary depend on the type of burglary taking place and its location. Their offense categorizes the following penalties. However, the penalties are ultimately subject to the court and judge.
| Burglary Type | Offense | Penalty | |
| Unauthorized building or facility (not a habitation) | State Jail felony | Incarceration: Confinement in a state jail for 180 days to 2 years | Fine: Up to $10,000 |
| Commercial building or facility storing controlled substances | Third-Degree Felony | Incarceration: Prison for 2 years to 10 years | Fine: Up to $10,000 |
| Place of habitation (without committing another felony offense) | Second-Degree Felony | Incarceration: State prison for 2 years to 20 years | Fine: Up to $10,000 |
| Place of habitation intending or attempting to commit another felony, or doing so | First-Degree Felony | Incarceration: Prison for life; or 5 years to 99 years; subject to increase if second felony offense involves aggravated sexual assault | Fine:
Up to $10,000 |
Contact a Criminal Defense Attorney in Houston, TX
Penalties for burglary start at imprisonment, so you want to seek legal counsel as soon as possible. If you or your loved one is accused of burglary, seek our help at The Gonzalez Law Group immediately. Our burglary attorneys have experience in criminal defense for burglary and know the law well. We will do anything in our power to try to help you. The Gonzalez Law Group understands how critical this situation is for your family and loved ones. Our attorneys can analyze your case when you come in and give you the steps to follow. Call (832) 530-4070 for a free consultation over the phone with no strings attached.
