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Practice Areas Burglary Burglary of Habitation

Burglary of Habitation

Texas Penal Code, Section 30.02

(a) A person commits an offense if, without the effective consent of the owner, the person:

(1) 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

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

(b) For purposes of this section, “enter” means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

OLD burglary of Habitation Punishments (effective until February 06, 2024)

(c) Except as provided in Subsection (c-1) or (d), an offense under this section is a:

(1) state jail felony if committed in a building other than a habitation; or

(2) felony of the second degree if committed in a habitation.

NEW burglary of Habitation Law (effective on February 06, 2024)

(c) Except as provided in Subsection (c-1), (c-2), or (d), an offense under this section is a:

(1) state jail felony if committed in a building other than a habitation; or

(2) felony of the second degree if committed in a habitation.

(c-1) An offense under this section is a felony of the third degree if:

(1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and

(2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.

Text of subsection effective on February 06, 2024

(c-2) An offense under this section is a Felony of the third degree if:

(1) the premises are a building other than a habitation; and

(2) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).

(d) An offense under this section is a felony of the first degree if:

(1) the premises are a habitation; and

(2) 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.



Burglary of a Habitation

Burglary is a serious felony offense. See Section 30.02 of the Texas Penal Code. Burglary occurs when you either enter a structure – not open to the public – without the effective consent of the owner of the property, with the intent to commit a felony, theft or assault therein.

Burglary of Habitation: includes attempt & remaining concealed in structure

It is also committed if you enter a structure – not open to the public – and attempt to commit a felony, theft or assault, or, if you remain concealed in a structure – not open to the public – (without the effective consent of the owner), with the intent to commit the same. Burglary of a habitation is when it is committed where someone lives – a structure or vehicle adapted for the overnight accomodation of persons.

Burglary of Habitation: Punishment

This offense is a 2nd degree Felony, punishable by 2 to 20 years in the institutional division of the Texas Department of Criminal Justice (TDCJ, “prison”), and a fine no to exceed $10,000. *See new law changes below.*

Changes to Texas Burglary Law in 2024

Beginning on February 6, 2024, the punishment of Burglary cases will be different. Punishment is enhanced to a 1st degree felony, punishable by 5 to 99 years, or life in pison, and a fine not to exceed $10,000 – IF – the premises is a habitation AND any party to the offense entered the habitation with the intent to commit a felony other than felony theft.

What does this mean? It means if someone breaks into another persons home, intending to commit aggravated assault, or kidnapping, or any number of other felonies within (except felony theft), then it becomes a 1st degree felony.

When someone is accused of burglary, there may be more to the story than the police are told. Usually the police report doesn’t explain the entire situation.  Sometimes the only way to have an opportunity to tell your version of what happened is in court.  This is why it is crucial you have a tough attorney in your corner – if your case is set for trial, you want a Lawyer like Tristan LeGrande in your corner.

WANT TO WIN YOUR CASE? – FACT SPECIFIC ANALYSIS IS ESSENTIAL

Preparing your defense against a burglary charge is crucial.  Witness testimony, physical evidence and your prior criminal history will be the key considerations in your defense.  You need an aggressive attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial.  Attorney Tristan LeGrande will fight the accusations and hunt down the evidence essential for defending your case.

Click the following link for more information about burglary of a building, or burglary of vehicles.

Criminal Defense Attorney – Tristan LeGrande Fights Burglary Charges –

AT LEGRANDE LAW WE WIN BURGLARY CASES

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Practice Areas Burglary Burglary of Habitation

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