Penalties for Burglary of a Habitation in Texas

In Texas, Burglary of a Habitation is classified as a Second-Degree Felony under Texas Penal Code § 30.02.

Punishment Range

• Imprisonment: 2 to 20 years in the Texas Department of Criminal Justice (state prison).
• Fine: Up to $10,000.

Key Definitions

• Habitation: A structure or vehicle adapted for overnight accommodation (house, apartment, RV, etc.), whether occupied or not.
• Burglary: Entering a habitation without consent with intent to commit a felony, theft, or assault; or remaining concealed with such intent; or committing/attempting such acts after entry.

Aggravating Factors (Can Elevate to First-Degree Felony)

• If the premises is a habitation and any party to the offense entered with intent to commit a felony other than felony theft (e.g., sexual assault, aggravated assault, murder) → First-Degree Felony (5–99 years or life).
• Use of a deadly weapon, causing bodily injury, or targeting a vulnerable victim (elderly, disabled) can enhance punishment.

Collateral Consequences

Conviction results in loss of voting rights (while incarcerated), firearm prohibition, barriers to professional licensing, housing, and immigration consequences for non-citizens.

Note: Laws change. This is general information, not legal advice. Consult a Texas criminal defense attorney for case-specific guidance.