Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Burglary

Burglary

Chapter 30 of the Texas Penal Code defines burglary and trespass charges.

“Burglary”, as per § 30.02 of the Texas Penal Code, occurs when a person, without the effective consent of the owner:

  • 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

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

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

A n offense under this section is a state jail felony if committed in a building other than a habitation; or felony of the second degree if committed in a habitation.

If the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and the person entered or remained concealed in that building with intent to commit a theft of a controlled substance, it is a third degree felony.

An offense under this section is a felony of the first degree if the premises are a habitation and 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.

Severity of Crime

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000