September 17, 2025
Getting charged with burglary of habitation in Texas is scary. This second-degree felony carries 2 to 20 years in prison. But understanding the law can help you make better choices about your case.
Texas takes home burglary seriously. The state wants to protect people in their homes. So the penalties are harsh. But there are defenses that work. And knowing your options matter.
What Is Burglary of Habitation Under Texas Law?
Texas Penal Code §30.02 Definition
Texas Penal Code 30.02 defines burglary of habitation. You commit this crime in three ways:
- You enter a home without permission and plan to steal something or commit another felony.
- You stay hidden in someone’s home without permission. Then you plan to steal or commit a felony.
- You enter someone’s home without permission. Then you steal something or commit another felony while inside.
What Counts as a “Habitation”?
Texas law is specific about habitations. A habitation includes:
- Houses and apartments
- Hotel and motel rooms
- RVs and motor homes
- Connected garages and sheds
- Any structure where people live or sleep
Even if nobody is home, it still counts as a habitation. The key is that people use it for living.
The Role of Intent in Burglary Cases
Intent is important in burglary cases. You must have criminal intent when you enter. This separates burglary from simple trespassing.
If you entered to get out of the rain, that’s different than entering to steal. The prosecutor must prove you had criminal intent at the time of entry.
Penalties for Burglary of Habitation in Texas
Standard Penalties for a Second-Degree Felony
Most burglary of habitation charges are second-degree felonies. Here’s what that means:
- Prison time: 2 to 20 years
- Fine: Up to $10,000
- Probation: Possible in some cases
First-Degree Felony Penalties
But penalties can get worse. If you planned to commit certain felonies (like assault or drug crimes), the charge becomes a first-degree felony. That means:
- Prison time: 5 to 99 years or life
- Fine: Up to $10,000
How Prior Convictions Increase Penalties
Texas has habitual offender laws. If you have prior felony convictions, penalties increase. Two prior felonies can mean life in prison.
Even misdemeanor convictions can affect your sentence. Judges look at your whole criminal history.
Common Defense Strategies for Burglary Charges
Challenging Criminal Intent
This is often your best defense. If you didn’t plan to commit a crime when you entered, it’s not burglary. Maybe you:
- Thought you had permission
- Entered to help someone
- Made an honest mistake about whose property it was
Consent as a Defense
If the owner gave you permission, it’s not burglary. This includes:
- Express permission (they told you it was okay)
- Implied permission (you reasonably believed it was okay)
- Emergency situations
Constitutional Violations by Police
Police must follow rules when investigating. If they violated your Fourth Amendment rights, evidence might get thrown out. Common violations include:
- Illegal searches
- No search warrant when needed
- Miranda rights violations
- Forced confessions
Lack of Sufficient Evidence
The state must prove every element beyond reasonable doubt. Sometimes they can’t. Evidence might be:
- Too weak to prove intent
- Based on unreliable witnesses
- Circumstantial without enough support
How Burglary Differs From Other Crimes
Burglary vs. Criminal Trespass
Trespass is just entering without permission. Burglary requires intent to commit another crime inside.
Burglary vs. Robbery
Robbery happens when someone is present and you use force or threats. Burglary can happen in an empty house.
Burglary vs. Theft
Theft is taking someone’s property. Burglary is entering with intent to steal (even if you don’t take anything).
What Happens After a Burglary Arrest in Texas
Immediate Steps After Arrest
Understanding the process helps you prepare:
- Police arrest and book you
- You go before a magistrate within 48 hours
- Bond gets set (usually $5,000 to $50,000 for burglary)
- You can post bond or stay in jail
The Texas Grand Jury Process
All felonies go to grand jury. This takes 30 to 90 days usually. The grand jury decides if there’s enough evidence to formally charge you.
Plea Bargaining and Negotiations
Most cases settle through plea bargaining. Your lawyer negotiates with prosecutors for:
- Reduced charges
- Lower sentences
- Deferred adjudication
- Probation instead of prison
Frequently Asked Questions About Burglary of Habitation
- Can I get probation for burglary of habitation? Yes, probation is possible for first-time offenders. But judges aren’t required to give it.
- What if I didn’t steal anything? You can still be convicted. The crime is entering with intent, not actually stealing.
- How long do I have before they can’t charge me? Texas has a 5-year statute of limitations for burglary charges.
- What if the door was unlocked? An unlocked door doesn’t give you permission to enter. It’s still burglary if you didn’t have consent.
- Can they charge me with other crimes too? Yes. Common additional charges include theft, criminal trespass, or assault if someone got hurt.
Why You Need a Texas Burglary Defense Attorney
Burglary cases are complex. The penalties are severe. You need someone who understands:
- Texas criminal law
- Local courts and prosecutors
- Effective defense strategies
- Plea negotiation tactics
Don’t try to handle this alone. The stakes are too high.
The Long-Term Impact of a Burglary Conviction
A burglary conviction affects your whole life:
- Employment opportunities
- Housing applications
- Professional licenses
- Gun ownership rights
- Immigration status
Some consequences last forever. Others can be fixed later through expungement or record sealing. But it’s better to fight the charge now.
How Texas Courts Handle Burglary Cases
Texas juries don’t like people who break into homes. They see it as violating families’ safety. Prosecutors know this. They push for harsh sentences.
But good defense lawyers know how to present your case. They can show:
- Your side of the story
- Weaknesses in the state’s case
- Reasons for leniency
- Alternative explanations
Record Sealing and Expungement Options in Texas
Even if you’re convicted, you might be able to clear your record later. Options include:
- Expungement: Completely erases the arrest and charge from your record. Only available if charges get dismissed or you’re found not guilty.
- Nondisclosure: Seals your record from public view. Available for some deferred adjudication cases.
The rules are complicated. Each case is different. An experienced lawyer can explain your options.
Don’t Wait to Build Your Defense
Burglary of habitation charges won’t go away on their own. The longer you wait, the harder your case becomes. Police gather more evidence. Witnesses’ memories get better organized. Prosecutors prepare stronger cases.
But early action helps your case. Your lawyer can:
- Investigate while evidence is fresh
- Interview witnesses before they talk to police
- File motions to suppress evidence
- Begin plea negotiations early
Time matters in criminal cases. Don’t waste it.
Get Legal Help for Burglary of Habitation Charges in Texas
Burglary of habitation charges are serious business in Texas. You’re facing years in prison and thousands in fines. Your future depends on the choices you make now.
The Napier Law Firm has defended hundreds of burglary cases across Texas. We know what works. We know local courts and prosecutors. Most importantly, we know how to protect your rights and your future.
Don’t face these charges alone. Contact The Napier Law Firm today for a free consultation. We’ll review your case, explain your options, and start building your defense right away.
Your freedom is too important to leave to chance. Contact us now and let us fight for you.