Fraud Blocker

What Are the Penalties for Burglary in Texas?

Jim Spangler

Jul 24, 2026

Facing burglary charges in Texas can be a terrifying experience. Unlike simple theft, burglary involves unlawfully entering a location with the intent to commit a crime, making it a far more serious offense in the eyes of the law. Whether the allegation involves a residence, commercial building, or vehicle, the potential consequences can alter the course of your life. If you find yourself in this situation, it is crucial to connect with a skilled Dallas Theft Lawyer who can evaluate your case and protect your rights. Please continue reading to learn the penalties associated with burglary in Texas.

What Is Considered Burglary in Texas?

Under Texas Penal Code § 30.02, a person commits burglary if they enter a building, habitation, or vehicle without consent and with the intent to commit a felony, theft, or assault. It is important to note that physical forced entry is not required. Simply stepping inside an unlocked door or remaining concealed inside after closing hours can constitute burglary if unlawful intent is present.

What Are the Potential Penalties for Burglary?

The penalties for burglary in Texas depend heavily on the specific facts of the case, including the type of property involved and whether additional crimes were intended or committed:

  • Burglary of a Building: Unlawfully entering a commercial building or structure not adapted for habitation is classified as a state jail felony. This offense is punishable by 180 days to 2 years in a state jail facility and fines up to ,000.
  • Burglary of a Habitation: Entering a residence is a much more serious offense, and typically carries harsher penalties. Burglarizing a structure or vehicle adapted for overnight accommodations is categorized as a second-degree felony, punishable by 2 to 20 years of imprisonment and a fine of up to ,000. However, if an individual entered with intent to commit, or actually committed or attempted, any felony other than theft, it will be elevated to a first-degree felony.
  • Burglary With Intent to Commit Another Crime: Burglary is an “intent” crime, meaning it’s complete at the moment of unlawful entry. The underlying crime doesn’t have to be carried out. Intended offenses like assault or another felony will drive the grade. Intent to commit theft in a habitation is a second-degree felony. Intent to commit a felony such as aggravated assault is a first-degree felony. This offense is punishable by 5 to 99 years or life.

Why Is It Important to Speak to a Dallas Theft Crimes Lawyer?

As you can see, a burglary charge can have far-reaching consequences. At Spangler Law, we are prepared to help explore available defenses and challenge unlawful evidence collection. We can negotiate with prosecutions when appropriate, seeking reduced charges or alternative resolutions. Prompt legal action can make a major difference in the outcome of your case. Connect with our firm today to schedule a confidential consultation.