Texas Burglary Defense Lawyers

Burglary Under Texas Law

Burglary of a building — Texas Penal Code §30.02. A person commits burglary if, without the effective consent of the owner, they enter a habitation or building, or any portion of a building, and commit or attempt to commit a felony, theft, or assault; or they enter a habitation or building and remain concealed with the intent to commit a felony, theft, or assault.

The offense does not require that the intended crime be completed. Entry with the requisite intent is sufficient. This means a defendant who entered a building intending to commit theft but left empty-handed can still be charged with and convicted of burglary.

Burglary Penalty Structure

State jail felony — non-habitation building: 180 days to 2 years in state jail, fine up to $10,000. Applies when the burglary occurs in a building other than a habitation.

Second-degree felony — habitation: 2 to 20 years in TDCJ, fine up to $10,000. Applies when the burglary occurs in a habitation (a structure or vehicle adapted for the overnight accommodation of persons).

First-degree felony — habitation with intent to commit felony other than theft: 5 to 99 years or life in TDCJ, fine up to $10,000. Applies when a person enters a habitation with the intent to commit a felony other than theft (for example, assault, sexual assault, or another serious felony).

Burglary of a vehicle — §30.04: Breaking into or entering a vehicle without consent with intent to commit a felony or theft. Class A misdemeanor on first offense — up to 1 year in county jail, fine up to $4,000. Elevated to state jail felony on a second or subsequent conviction.

Burglary of coin-operated machines — §30.03: Breaking into or entering a coin-operated machine without consent. Class A misdemeanor — up to 1 year in county jail, fine up to $4,000.

Defense Strategies in Burglary Cases

Consent. Burglary requires entry “without the effective consent of the owner.” If the defendant had permission (express or implied) to enter the structure, the entry is not unlawful and the burglary charge fails. In cases involving businesses where the defendant was a customer or employee, the consent question is frequently the central factual dispute. Even partial or conditional consent can negate the unlawful entry element if the defendant’s entry fell within the scope of the permission granted.

Lack of intent. Burglary requires that the intent to commit a felony, theft, or assault existed at the time of entry. A person who entered lawfully and then formed the intent to steal after being inside has not committed burglary. They may have committed theft, but the burglary charge requires that the criminal intent preceded or accompanied the entry. Developing the factual record of what the defendant knew and intended before entering is essential.

Identity. Many burglary prosecutions are built on eyewitness identification, surveillance footage, or fingerprint evidence. Eyewitness identification is among the most unreliable categories of evidence in the criminal justice system. Surveillance footage must be properly authenticated and examined in complete, unedited form. Douglas Huff’s digital forensics training covers the authentication, chain of custody, and technical evaluation of surveillance and digital evidence at the data level.

Article 38.23. Texas’s exclusionary rule carries no good faith exception. Burglary arrests frequently involve searches of vehicles, residences, and persons incident to arrest. Whether the stop, search, or arrest was constitutionally sound is examined before any other defense strategy is built. Evidence obtained through an unlawful search is suppressible regardless of what it shows.

Habitation vs. building distinction. The difference between a state jail felony and a second-degree felony in burglary cases turns entirely on whether the structure was a “habitation.” Texas Penal Code §30.01 defines habitation as a structure or vehicle that is adapted for the overnight accommodation of persons. Whether a structure qualifies as a habitation under the specific facts — including how and when it was used — is a factual issue the defense can contest.

Why Deandra Grant Law

• 30+ years of criminal defense in North and Central Texas. 500+ trials to verdict. Burglary cases tried to verdict, not just negotiated.
• Digital forensics training — Douglas Huff. Surveillance footage, digital transaction records, and access logs evaluated at the technical level.
• Article 38.23 — no good faith exception. Every burglary case begins with the lawfulness of the stop, search, or seizure that produced the evidence.
• Federal defense capability. James Lee Bright handles federal charges in all four Texas federal districts.
• 17 published law books. Including A First Offender’s Guide to Texas Criminal Courts
• Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
• Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall.

If you are facing burglary charges in Texas, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.