Burglary of a Habitation is one of the most serious property crimes in Texas because it involves entering a person's home or dwelling. The law treats a home as deserving special protection, and the penalties reflect that — this is a felony with serious prison exposure.
What the Law Covers
Under Texas Penal Code § 30.02, a person commits the offense by entering a habitation, without the owner's effective consent, with intent to commit a felony, theft, or assault — or by entering and then committing or attempting one. A "habitation" includes a house, apartment, and even attached structures and vehicles adapted for overnight use.
Punishment Range
Burglary of a Habitation is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. If the intent was to commit a felony other than theft (for example, an assault), it is elevated to a first-degree felony (5 to 99 years or life).
How These Cases Are Defended
A strong defense examines the required intent at the moment of entry, whether the structure was a habitation, consent (these cases often involve people who had some prior access), identity, forensic and surveillance evidence, and any unlawful search or arrest.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.