Burglary in Texas doesn’t require breaking anything — walking through an open door without permission, with the right intent, is enough. And whether the building was a home or a business changes your potential sentence by decades. A Houston burglary lawyer can walk you through exactly what’s at stake.
What the State Has to Prove
- Entry without consent: Entering a building or habitation that wasn’t open to the public, without the owner’s effective consent.
- Intent to commit a crime: You entered intending to commit a felony, theft, or assault inside — or committed or attempted one once inside.
How Texas Punishes It
- State jail felony: 6 months to 2 years — burglary of a building that isn’t a habitation.
- Second-degree felony: 2 to 20 years — burglary of a habitation.
- First-degree felony: 5 years to life — burglary of a habitation with intent to commit a felony other than theft.
Where These Cases Are Fought
Whether you actually had the intent to commit a crime at the moment of entry — as opposed to forming that intent later, or not at all — is often the deciding issue. Consent, mistaken identity, and whether the space even qualifies as a “habitation” under the statute are also frequently in play.
Charged With Burglary? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 — the difference between the punishment tiers here is enormous.
Related Charges
- Theft
- Criminal Mischief
- Disorderly Conduct
- Possession of a Fake ID
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.