Burglary Charges in Texas

Burglary in Texas does not simply mean “breaking and entering.”

Under Texas law, burglary can be charged even if nothing is stolen — and even if there was no forced entry.

Depending on the circumstances, burglary can range from a state jail felony to a first-degree felony carrying life exposure.

Understanding the charge — and the level alleged — is critical.

What Is Burglary Under Texas Law?

Burglary is defined in Texas Penal Code § 30.02.

A person commits burglary if, without the effective consent of the owner, they:

  • Enter a habitation or building with intent to commit a felony, theft, or assault;

  • Remain concealed inside a building or habitation with intent to commit a felony, theft, or assault; or

  • Enter and commit or attempt to commit a felony, theft, or assault.

Two points matter immediately:

  1. The State must prove lack of effective consent.

  2. The State must prove intent at the time of entry (or remaining).

Intent is often the central issue.

Habitation vs. Building

Texas law treats burglaries differently depending on what was entered.

Burglary of a Building

Generally a state jail felony, punishable by:

  • 180 days to 2 years in a state jail facility

  • Up to a $10,000 fine

Burglary of a Habitation

Charged as a second-degree felony, punishable by:

  • 2 to 20 years in prison

  • Up to a $10,000 fine

A “habitation” includes homes, apartments, and structures adapted for overnight accommodation. Even temporarily vacant residences can qualify.

If the burglary involves intent to commit another felony (other than theft), or if other aggravating factors apply, the charge can be enhanced to a first-degree felony, carrying 5 to 99 years or life.

Burglary With Intent to Commit Assault

In domestic or dating relationship situations, prosecutors sometimes file burglary with intent to commit assault.

This elevates exposure dramatically. Even an argument inside a home where entry is disputed can become a serious felony case.

These cases often turn on:

  • Whether consent to enter existed

  • Whether consent was withdrawn

  • What intent existed at the time of entry

Those distinctions are legally significant.

How Burglary Is Different From Theft

Theft requires unlawful appropriation of property.

Burglary focuses on unlawful entry with criminal intent.

Someone can be charged with burglary even if:

  • Nothing was taken

  • No property damage occurred

  • The alleged crime inside was never completed

That is why intent — and proof of intent — becomes so important.

Common Defense Issues

Every case is fact-specific, but burglary defenses often involve:

Consent

Was entry actually unauthorized? Prior relationships, shared keys, or conflicting testimony can matter.

Lack of Intent

Did the accused enter for a lawful reason? Was there proof of criminal intent at the time of entry?

Identity

Was the person properly identified?

Insufficient Evidence

Is the State relying solely on circumstantial evidence without proving intent beyond a reasonable doubt?

Overcharging

In some cases, facts that might support criminal trespass are charged as burglary.

The charge must match the evidence.

Enhancements and Prior Convictions

Burglary convictions can be enhanced based on:

  • Prior felony convictions

  • Allegations of intent to commit another felony

  • Use or exhibition of a deadly weapon

Enhancements can dramatically increase punishment exposure.

Early review of a person’s criminal history is essential in evaluating risk.

Burglary charges are serious felony allegations.

They can affect:

  • Employment

  • Housing

  • Professional licensing

  • Immigration status

  • Future sentencing exposure

But an arrest does not determine the outcome.

The State must prove unlawful entry and criminal intent beyond a reasonable doubt.

Careful factual investigation.
Strategic motion practice.
Measured negotiation or trial preparation.

That work begins immediately.