Burglary of a habitation is a felony offense with serious consequences

Burglary of a habitation is a serious felony offense that carries significant legal penalties. It involves unlawfully entering a dwelling place, such as a home or apartment, with the intent to commit a crime.

Burglary of a habitation can be particularly frightening for victims, as it involves an invasion of their personal space and a potential threat to their safety.

What are Texas Punishments for Burglary of a Habitation?

If you or a family member face an accusation or charge of burglary of a habitation, you must be wondering what Texas punishments may be facing you or your family member.

Our Houston criminal defense attorney can help assess your case and your current situation.

First, make sure that the claim or charge that you face is specifically for burglary since that term is often confused with the crimes of robbery and theft.

Robbery, theft, or burglary: Which crime is it?

Robbery is the crime of using a weapon to directly intimidate someone while stealing from them.

Theft is the crime of stealing something from someone when no weapon is involved, and the person is not present.

Burglary is the crime of unlawfully breaking into and entering a building or habitation that is not open to the public without consent in order to take property that does not belong to the offender.

Though burglary is not ordinarily a violent crime, Texas punishments can be severe.

What are crime classifications in Texas?

How are crimes classified? Learn about the three classifications of crime in the state of Texas and the different punishments for each category.

Learn more

What are the different types of burglary charges?

Under Texas law on burglary and criminal tresspass, burglary of a habitation is a second-degree felony whose punishments can include spending at least two and up to 20 years in prison and paying a fine of up to $10,000. (Criminal trespass is the separate offense of entering or remaining on another person’s property without their consent and without departing when told to do so.)

A less serious charge is burglary of a building that is not a habitation, such as a store. It is a state jail felony, for which punishments include 180 days to two years in prison and a fine of up to $10,000.

Under Texas law, the crime of vehicle burglary occurs if a person, without the effective consent of the owner, “breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.”

Burglary of a vehicle is a Class A misdemeanor with punishments of at least six months and up to one year in jail, as well as a fine of up to $4,000. If you have prior convictions, punishments can be worse.

Also a Class A misdemeanor is burglary of a coin-operated machine or coin collection machine. That ordinarily means unlawfully entering a coin-operated machine or tampering with a coin-collection machine in order to steal money or property.

Texas law also holds that burglary involves breaking into a building to commit arson, assault or some other felony, and not just stealing.

According to Texas Penal Code Title 7 Chapter 30, burglary can be a first-degree felony in some circumstances.

This is true if the premises entered are a habitation and if “any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.”

Punishment for a first-degree felony in Texas is five years to 99 years (or life) in prison, a fine of as much as $10,000 and, upon release from prison, probation (supervised release) for two to 10 years.

In the news:

Houston Police search for burglary offender

While most burglary crimes in Houston involve invasions of businesses, particularly after business hours, burglaries of habitations also occur.

Recently in southwest Houston, a woman’s home surveillance footage showed two men climbing over a wall and breaking into her home via a sliding patio door around 9:30 a.m., while she was still asleep. They stole her medications and her son’s Playstation gaming console, among other items.

As KHOU reported, the woman used the footage to work with Houston Police to try to identify the burglars.

Evading arrest: A complicating factor

In some cases, individuals charged with burglary of a habitation may also face additional charges of evading arrest. This occurs when a person flees from law enforcement officers who are attempting to arrest them for a crime, such as burglary.

Evading arrest is a separate offense that can carry its own penalties, including fines and imprisonment.

Defense strategies for reducing or dismissing charges

A skilled criminal defense lawyer can work to have charges reduced or even dismissed through negotiations with prosecutors.

If your defense attorney can demonstrate weaknesses in the case against you, a favorable result may be possible.

By thoroughly examining the evidence and questioning the prosecution’s claims, your attorney may negotiate an outcome that avoids a trial altogether.

Defense tactics if your case goes to trial

Should your case proceed to trial, your attorney can employ various strategies to defend you, including challenging the evidence or arguing mistaken identity.

In the event of a conviction, an experienced defense lawyer can advocate for a lighter sentence, presenting factors that may influence the judge’s discretion in sentencing.

Presenting mitigating factors for sentencing

A defense lawyer can argue for leniency by emphasizing mitigating factors, such as a clean criminal record or a lack of weapons or violence involved in the incident. Additionally, if the stolen property’s value was low, this could further support a lighter sentence.

Cooperation and rehabilitation

Judges may be inclined to impose lighter punishments if you cooperate with authorities, show responsibility, and demonstrate genuine remorse and a commitment to rehabilitation.

Your defense lawyer can guide you on how best to approach these situations to avoid unintended consequences and ensure that any cooperation is done carefully.

Why a defense attorney’s guidance matters

It’s important to have your defense attorney’s guidance when dealing with law enforcement, as they can advise you on how much to disclose. Your attorney will help protect your rights throughout the legal process and advise you on the best ways to proceed with your case.

The essential guide to hiring a criminal defense attorney

Charged with a crime? Even if you’re innocent, hiring a skilled criminal defense attorney is critical to protecting your rights. Learn how Neal Davis can help.