Burglary

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⚖️ Texas Law — Charge Details

2–20 years + $10,000 fine (habitation, standard)

Offense Burglary

Statute Texas Penal Code § 30.02

Penalty Level Second-Degree Felony (habitation) / State Jail Felony (building)

Burglary under Texas Penal Code § 30.02 occurs when a person enters a habitation, building, or vehicle without consent and with the intent to commit a felony, theft, or assault — or actually commits those offenses while inside. Burglary of a habitation (home) is a Second-Degree Felony (2–20 years) and elevates to a First-Degree Felony if the intent was to commit a felony other than theft. Burglary of a non-residential building is a State Jail Felony. No actual theft or violence is required — unauthorized entry with criminal intent is sufficient for conviction.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Burglary of a habitation with intent to commit felony other than theft	First-Degree Felony — 5–99 years or life	§ 30.02(d)
Burglary of a habitation (theft or misdemeanor intent)	Second-Degree Felony — 2–20 years, $10,000 fine	§ 30.02(c)(2)
Burglary of a building (non-habitation)	State Jail Felony — 180 days–2 years, $10,000 fine	§ 30.02(c)(1)
Habitual felony offender (2 prior felony convictions)	Enhanced to 25 years to life	§ 12.42(d)

📄 Read the Texas statute →

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Fabian Santos Luevano

#2613226 · May 09, 2026 · Travis County Correctional Complex

Burglary

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