Burglary

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⚖️ Texas Law — Charge Details

5–99 years or life + $10,000 fine

Offense Burglary of a Habitation

Statute Texas Penal Code § 30.02

Penalty Level First-Degree Felony (or Second-Degree if no intent to commit felony)

Burglary of a Habitation under Texas Penal Code § 30.02 is a first-degree felony when the person enters with intent to commit a felony, assault, or theft. A first-degree felony carries 5–99 years or life in prison and a fine up to $10,000. If the entry is without intent (and the person then commits or attempts a felony other than assault), it is a second-degree felony (2–20 years, $10,000 fine). Habitation means any structure used as a dwelling.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Entered with intent to commit assault (not felony)	Second-Degree Felony — 2–20 yrs prison	§ 30.02(c)(1)
Entered with intent to commit any felony	First-Degree Felony — 5–99 yrs or life	§ 30.02(c)(2)
One prior felony conviction	Enhanced sentence: 15–99 yrs or life under § 12.42(b)	§ 12.42(b)
Two or more prior felony convictions	Life sentence mandatory (habitual felony offender)	§ 12.42(d)
Victim present in habitation	Aggravating factor at sentencing; may add assault charges	§ 22.01

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Burglary

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