Burglary

Burglary of a Habitation

Burglary of a habitation (home) is a 2nd degree felony (2–20 years) if the defendant entered with intent to commit theft or a misdemeanor. It is elevated to a 1st degree felony (5–99 years) if the defendant entered with intent to commit a felony other than theft, or if they committed or attempted to commit a felony other than theft.

Burglary of a Building

Burglary of a non-residential building is a state jail felony (180 days to 2 years). Burglary of a coin-operated machine or vehicle is a Class A misdemeanor. Burglary of a vehicle (§ 30.04), meaning breaking into a car, is a Class A misdemeanor but can be elevated to a state jail felony for repeat offenders.

Entry and Intent

Burglary requires both unlawful entry and criminal intent at the time of entry. If you had permission to enter the premises, there is no burglary. If you entered lawfully but formed criminal intent after entry, the charge may be reduced. The prosecution must prove both elements beyond a reasonable doubt.

Burglary and Home Invasion

Home invasion, defined as entering an occupied home and committing violence against the occupants, is charged as 1st degree felony burglary and may also result in aggravated assault or robbery charges. These cases are prosecuted aggressively and require experienced legal representation.

Potential Penalties

• › Habitation (intent to commit misdemeanor/theft): 2nd degree felony (2–20 years
• › Habitation (intent to commit felony): 1st degree felony (5–99 years
• › Building: State jail felony (180 days to 2 years
• › Vehicle: Class A misdemeanor up to 1 year jail

Possible Defenses

• › You had consent to enter the premises
• › Lack of criminal intent at the time of entry
• › Mistaken identity
• › Alibi
• › Insufficient evidence of entry
• › Challenging eyewitness identification

Frequently Asked Questions