Under Texas law,
A person commits the offense of Burglary if, without the effective consent of the owner, the person:
- enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
- remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- enters a building or habitation and commits or attempts to commit a felony, theft, or assault.
- If the offense is committed in a building other than a habitation, it is a State Jail Felony, and thus punishable by not less than 180 days and not more than 2 years in a State Jail Facility, and a fine of up to $10,000.
- If the offense is committed in a habitation, it is a 2nd Degree Felony, and is thus punishable by not less than 2 years and not more than 20 years in the penitentiary, and a fine of up to 10,000.
- An offense under this section is a 1st Degree Felony if:
- the premises are a habitation; and
- any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft. In this case, the offense is punishable by not less than 5 years and not more than 99
What Does This Mean
The seriousness of this charge needs little explanation. Simply put, make sure you hire an attorney who will take the time to investigate EVERY fact of your case thoroughly. With this charge, any and every detail can mean the difference between a favorable outcome and years in prison.
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