What Are the Consequences of Burglary in Texas? | What to Know


If you were charged with burglary in Texas, you will need to reach out to our firm today to obtain the defense you need. Our Houston burglary defense attorneys are on your side. Just give us a call.

How does Texas define burglary?

According to Texas law and Penal Code § 30.02, burglary is defined as 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. This offense also involves the attempt or actually committing a felony, theft, or assault. While burglary is often compared to larceny or vehicle theft, this offense involves explicitly entering a structure or building. Furthermore, this offense can also include any part of the property and not just a certain area.

In the event that burglary involves a non-residency building, then the offense is labeled as a state jail felony. On the other hand, if the burglary occurs in a place of habitation or residence, then the offense is labeled as a second-degree felony. However, offenses are heightened if they involve specific places. 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 viewed offense involving burglary becomes the first-degree felony if it meets the following criteria:

  • The place of burglary is a habitation; and
  • Has an intention to commit, or tries to engage, or commits another felony, aside from theft

To be clear, an example of this type of charge can include an armed burglar who has intentions of breaking into a home to rob it and kill the people living inside. If you were charged with burglary in Texas, it is in your best interest to reach out to one of our Houston burglary defense attorneys today to discuss your legal options.

What are the penalties for burglary in Texas?

  • Burglary (not a habitation): punishable by up to two years in a state jail facility.
  • Burglary (habitation): a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine.
  • Burglary of habitation other than theft: the felony that was attempted or committed did not involve theft but another offense. It is a first-degree felony punishable by five years to up to life in prison and up to a $10,000 fine.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.