Understanding Burglary Sentences in Texas
A burglary sentence in Texas carries serious consequences. The law applies strict penalties based on the type of property, the crime intended, and the person’s criminal history. A conviction can result in years in prison, large fines, and a permanent criminal record. Whether the charge involves a habitation, vehicle, or building, the penalties are severe.
Working with an experienced Texas burglary defense lawyer is essential to protect your rights, challenge the evidence, and seek the best possible outcome under state law.
What Is Considered Burglary in Texas?
Burglary in Texas has a specific legal definition. Understanding how the law defines and categorizes burglary helps clarify the charges and penalties a person might face.
Legal Definition of Burglary
Under Texas Penal Code §30.02, burglary occurs when a person unlawfully enters or remains in a building or habitation with the intent to commit a felony, theft, or assault. The law does not require that the intended crime be carried out. The intent at the time of entry is enough to support a burglary charge.
Burglary Involves Unlawful Entry
Burglary involves unlawfully entering a structure without the property owner’s consent. Entry can include any part of the body or any object connected to the body. Remaining inside after being lawfully allowed in, but forming criminal intent later, can also result in a burglary charge. Common intended crimes include felony theft, sexual assault, and other felony offenses.
Types of Burglary Under Texas Law
Several forms of burglary are defined under Texas law:
- Burglary of a Habitation involves entering a home or residence with intent to commit a crime. Often charged as a second-degree felony, it can become a first-degree felony if there is bodily injury, use of a deadly weapon, or a violent crime.
- Burglary of a Building applies to non-residential structures like commercial buildings. Typically charged as a state jail felony, it can carry serious penalties depending on the property involved.
- Burglary of a Vehicle involves breaking into a car or truck to commit theft or steal money. This offense is a Class A misdemeanor and may be enhanced with prior convictions.
- Burglary of a Coin-Operated Machine includes entering a coin collection machine or similar device to commit a crime. Charges may vary based on the person’s criminal history.
Burglary vs. Criminal Trespass
Criminal trespass is different from burglary. Trespass involves entering or staying on property without permission, but without intent to commit another crime. Burglary requires an intent to commit theft, assault, or a felony offense during or after unlawful entry. That intent is what separates burglary from trespassing under Texas burglary laws.
Understanding how Texas defines burglary is important when facing any burglary-related charge. The penalties vary based on the type of offense, any aggravating factors, and the person’s previous convictions.
Burglary Charges by Degree in Texas
Texas law assigns different penalties to burglary based on the type of property involved and the crime intended. The degree of the charge affects both jail time and long-term consequences.
Burglary of a Building
Burglary of a building that is not used as a home is usually charged as a state jail felony. This applies to places like storage units, sheds, or commercial buildings. A conviction can result in 180 days to 2 years in a state jail, with fines up to $10,000. If the person has prior convictions, the charge can be enhanced and lead to longer sentences.
Burglary of a Habitation
Burglary of a habitation, such as a house or apartment, is treated more seriously. It is generally charged as a second degree felony. Penalties include 2 to 20 years in prison and up to a $10,000 fine. If the person entered with the intent to commit sexual assault, assault, or any violent crime, the charge increases to a first degree felony. This carries a sentence of 5 to 99 years or life in prison.
Burglary of a Vehicle
Burglary of a vehicle is usually a Class A misdemeanor. Penalties include up to one year in county jail and a fine of up to $4,000. If the person has two or more previous convictions, the charge can be upgraded to a state jail felony, increasing the possible jail time and financial penalties.
Burglary of a Coin-Operated Machine
Entering a coin-operated machine or coin collection machine with intent to commit theft is typically charged as a Class A misdemeanor. In some cases, based on the person’s criminal history, it can be charged as a state jail felony. These offenses may seem minor but can result in a permanent criminal record and other significant penalties.
Each burglary charge carries different risks. The presence of aggravating factors like a deadly weapon, bodily harm, or criminal history can increase the severity of the sentence. A strong defense strategy from an experienced burglary defense lawyer can impact the outcome of a burglary case under Texas burglary laws.
Aggravating Factors That Increase Sentencing
Certain elements can raise the severity of a burglary sentence in Texas. These factors affect how prosecutors file charges and how courts determine penalties.
Use of a Deadly Weapon
If a person uses or carries a deadly weapon during a burglary, the charge can increase. This often leads to longer prison time and higher fines. A weapon raises the level of threat and classifies the act as a more dangerous offense under Texas burglary laws.
Causing Bodily Injury
Causing bodily injury or bodily harm during the burglary can increase the charge from a second degree felony to a first degree felony. This includes harming a resident, employee, or bystander. Injuries do not need to be severe for the charge to escalate.
Prior Convictions
A person with previous convictions faces tougher sentencing. Repeated offenses show a pattern of criminal history, which can remove eligibility for reduced sentencing or probation. Prior felony convictions can increase even a state jail felony to a higher-level degree felony.
Intent to Commit a Violent or Sexual Offense
If the person enters with intent to commit sexual assault, aggravated assault, or any other violent crime, the penalties increase. The charge becomes a first degree felony, carrying 5 to 99 years or life in prison. Courts treat these cases as highly dangerous.
Burglary During a Disaster or Emergency
Under Texas law, committing burglary during a state of disaster such as a flood or hurricane can lead to sentence enhancement. Lawmakers consider this an act that exploits vulnerable situations and public emergencies.
Aggravating factors change how serious the offense appears to the court. They increase the risk of harsh sentencing and long-term consequences. An experienced criminal defense attorney or burglary defense lawyer is critical in addressing these factors and building a strong defense strategy.
Long-Term Consequences of a Burglary Sentence In Texas
A burglary conviction in Texas brings more than just prison time. The legal and personal impact can follow a person for life.
Permanent Criminal Record
A conviction creates a permanent criminal record. This record is public and can be seen by employers, landlords, and government agencies. It affects background checks and makes it harder to move forward after serving time. Most burglary convictions are felony offenses, which stay on record permanently unless sealed or expunged.
Limited Job and Housing Options
Many employers avoid hiring people with burglary charges or felony theft convictions. Jobs in security, finance, education, and healthcare often deny applicants with a criminal history. Landlords may reject rental applications based on past felony records, especially if the offense involved a commercial building or property owner.
Loss of Rights
Felony convictions can result in loss of civil rights. A person may lose the right to vote, serve on a jury, or own a firearm. These rights are not always restored automatically after release. In burglary cases involving deadly weapons or violent crime, courts often impose long-term restrictions.
Immigration Consequences
Non-citizens with burglary convictions may face immigration issues. These include denial of naturalization, visa problems, or deportation. Crimes involving moral turpitude such as intent to commit theft or sexual assault often lead to immigration enforcement actions.
Professional License Restrictions
Many state boards deny or revoke licenses for individuals with felony records. This affects careers in law, medicine, education, finance, and more. Even a state jail felony can trigger professional review and licensing barriers.
A burglary conviction changes a person’s future. The penalties go beyond jail and fines. Legal advice from an experienced criminal defense lawyer or burglary defense attorney can help reduce long-term damage and protect legal rights.
Valid Defenses to Burglary Charges
Texas law allows several defenses against burglary charges. A strong legal strategy can challenge the prosecution’s case and reduce or dismiss penalties.
Lack of Criminal Intent
A key element in any burglary charge is intent to commit a felony, theft, or assault. If the person did not have this criminal intent at the time of entry, then the charge may not apply. Entering a property without planning to commit a crime inside can lead to reduced charges such as criminal trespass.
Consent From the Property Owner
If the property owner gave permission to enter, it is not unlawful entry. Burglary requires that the person unlawfully enters or remains in the location. Proving consent can be a valid defense that challenges the core of the prosecution’s case.
Mistaken Identity or False Accusation
Some burglary cases rely on eyewitness testimony or poor surveillance footage. These can result in the wrong person being charged. Showing evidence that the accused was not present or was misidentified can raise doubt and weaken the case.
No Entry Took Place
In some situations, the person did not actually enter the building, vehicle, or coin collection machine. Without entry, there is no burglary. Attempted entry without success may result in different charges or none at all.
Violation of Legal Rights
If police obtained evidence illegally or violated constitutional rights, a criminal defense attorney can ask the court to exclude that evidence. This includes unlawful searches, lack of a warrant, or failure to read rights. A fair trial depends on proper legal procedures being followed.
Using one or more of these defenses, a burglary defense lawyer can help reduce significant penalties or fight for a dismissal. Every case is different, and the right defense strategy depends on the facts, charges, and criminal history of the accused.
Why You Need an Experienced Burglary Defense Lawyer
Facing a burglary charge in Texas requires strong legal representation. A skilled attorney can protect your rights and challenge the state’s evidence.
Burglary Charges Carry Severe Penalties
A burglary sentence in Texas can lead to years in prison, steep fines, and a permanent criminal record. Charges range from state jail felonies to first degree felonies, depending on the property involved, the intended crime, and any aggravating factors. Without a burglary defense lawyer, the risk of maximum sentencing increases.
A Lawyer Builds a Strong Defense Strategy
An experienced criminal defense attorney knows how to analyze evidence, identify weak points in the prosecution’s case, and present a valid defense. Whether the issue is lack of criminal intent, mistaken identity, or an unlawful search, your lawyer can use it to your advantage. A strong legal strategy can lead to reduced charges or dismissal.
Early Action Protects Your Rights
Legal mistakes during arrest or questioning can hurt your case. An experienced burglary defense attorney acts quickly to protect your rights. This includes advising you before speaking to law enforcement, preserving key evidence, and preventing charges from escalating.
Experience With the Texas Legal System
A local criminal defense lawyer understands Texas burglary laws, court procedures, and how judges and prosecutors handle cases. That knowledge helps in plea negotiations, trial preparation, and sentencing arguments. A lawyer who has handled burglary cases before knows what to expect and how to respond.
Legal Representation Can Change the Outcome
Without a lawyer, you face the full weight of the legal system alone. The consequences can last a lifetime. With the right legal representation, you improve your chances for a fair trial, reduced penalties, or possible dismissal.
Call the Cowboy Law Group Today!
If you or a loved one is facing burglary charges, our Texas criminal defense attorneys at the Cowboy Law Group are here to help. With our extensive experience in Texas burglary laws and criminal defense, we can develop a tailored strategy to challenge the allegations against you.
Our firm is dedicated to aggressively defending clients in The Woodlands, Conroe, the Greater Houston area, and the scenic Texas Hill Country. Contact us at 832-326-2932 today to learn more about how we can help defend against burglary charges in Texas!
