What Is Burglary of a Habitation?

By Jeff Kennedy

What Is Burglary of a Habitation?

Burglary of a habitation occurs in many ways, some of which many Texans continuously ignore, risking the possibility of stiff legal penalties, including at least two years of imprisonment.

When your future is on the line after receiving a burglary of a habitation charge, consider expert help from The Law Offices of Jeff C. Kennedy. Our experienced criminal defense attorneys will ensure your case gets the attention it needs while we build you a robust defense.

What Is Burglary of a Habitation?

According to Section 30.02 of the Texas Penal Code, burglary of a habitation involves two basic elements:

  • Entering the habitation of another person or intruding into another person’s apartment with any part of your body or an object attached to your body
  • Doing this with the intention of committing theft, assault, or other criminal charges

Though these basic elements seem clear-cut, there are some gray areas that can be confusing. For instance, staying in a person’s residence without their knowledge even when they had invited you in and having the intention of committing a theft still constitutes burglary of a habitation.

In Texas, burglary of a habitation is usually a second-degree felony which could attract two to twenty years of imprisonment. However, when the charge includes the intent to commit sexual assault, aggravated assault, or kidnapping, the defendant could be charged with a first-degree felony which could include consequences such as five to ninety-nine years of imprisonment.

Contact a Criminal Defense Attorney

Burglary charges are a serious matter and your selecting of legal representation should be as well. That is why you need the experience and excellent track record of our local criminal defense lawyers from The Law Offices of Jeff C. Kennedy.

Schedule a free strategy session and consultation when you call 817-605-1010 or by filling out the contact form on our website.

For more quick answers, check out our criminal defense FAQ page.


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