Burglary isn’t a minor offense in Texas. Depending on what the State alleges — and where it allegedly happened — you could be looking at anywhere from a state jail felony all the way up to a first-degree felony carrying 5 to 99 years in prison. That range isn’t an accident: Texas law draws sharp distinctions based on the type of structure, what you were alleged to have intended, and your criminal history.
I’ve been defending burglary charges in Collin County for over a decade, and I’ll tell you straight: the outcome of these cases often turns on a single element — intent. The State has to prove it, and that’s frequently the hardest thing for them to do. If you’ve been charged with burglary in Plano, Frisco, McKinney, or anywhere else in Collin County, the earlier we talk, the more options we have.
Burglary Charge Levels in Texas
Burglary of a Building
Entering or remaining concealed in a building — other than a habitation — without the owner’s consent and with intent to commit a felony, theft, or assault. Punishment range: 180 days to 2 years in a state jail facility, plus up to a $10,000 fine.
Burglary of a Habitation
Entering or remaining concealed in a habitation — any structure adapted for overnight accommodation, including homes and apartments — without consent and with intent to commit a felony, theft, or assault. Punishment range: 2 to 20 years in prison, plus up to a $10,000 fine.
Burglary of a Habitation (Aggravated)
Escalates to a first-degree felony if any party to the offense entered with intent to commit a felony other than felony theft — or committed or attempted such a felony. This includes scenarios involving sexual assault, aggravated assault, and similar offenses. Punishment range: 5 to 99 years or life in prison, plus up to a $10,000 fine.
Burglary of a Vehicle
Breaking into or entering a vehicle — or any part of a vehicle — without consent and with intent to commit a felony or theft. Generally charged as a Class A Misdemeanor: up to 1 year in jail and up to a $4,000 fine. Escalates to a state jail felony with two or more prior convictions for the same offense.
The punishment ranges above are the starting point — not the endpoint. A burglary conviction also carries serious long-term consequences: difficulty passing employment background checks, loss of housing opportunities, and restrictions on certain professional licenses. For non-citizens, a felony conviction can have immigration consequences as well.
What the State Actually Has to Prove
Two elements of burglary law catch people off guard — and understanding them is essential to understanding how these cases can be defended.
Under Texas law, “enter” doesn’t mean walking through a door. It means intruding any part of the body or any physical object connected with the body. Reaching through a broken window. Sticking a hand through a gap. That’s legally sufficient for entry under §30.02(b) of the Texas Penal Code. Most people assume they have to be fully inside — they don’t.
The offense is complete at the moment of entry with the requisite intent — regardless of whether a theft or other crime was actually carried out. That means you can be convicted of burglary even if nothing was taken and nothing was damaged. The State only needs to prove you entered with the intent to commit a felony, theft, or assault. In practice, intent is often the most contested element — and the most important battlefield in a burglary defense.
The State frequently relies on circumstantial evidence to establish intent: tools found on your person, time of day, your location relative to the building, statements you made. None of that evidence is ironclad — and it can be challenged.
How I Challenge Burglary Charges
Every burglary case is different, and the right defense depends on the specific facts. That said, there are several angles I look at in virtually every case I take.
Challenging Intent — the State’s Hardest Element
Intent is almost always where I start. The State has to prove beyond a reasonable doubt that you entered with the intent to commit a felony, theft, or assault. That’s not always easy to do. If you were arrested at or near the scene, the State will typically point to circumstantial evidence — what you were carrying, what time it was, what you said. A skilled defense attorney can cast real doubt on that interpretation, and a jury that isn’t convinced about intent cannot convict.
Identity and Presence at the Scene
If you were arrested somewhere other than where the alleged burglary occurred, the State faces the additional burden of placing you at the scene. Eyewitness identification is notoriously unreliable. Surveillance footage can be ambiguous or of poor quality. And if the State’s case rests primarily on someone who says they saw you — that’s exactly the kind of evidence we can challenge directly.
Consent and Lawful Entry
Burglary requires entry without the effective consent of the owner. If you had permission to be there — as a tenant, an employee, a guest, or based on a prior arrangement — that’s a complete defense. The question of what constitutes effective consent can be more nuanced than it appears, and it’s worth examining closely in any case where your right to be on the property is at issue.
Unlawful Search and Seizure
If the police violated your Fourth Amendment rights at any point — during the stop, the search, or the arrest — evidence obtained as a result may be suppressible. That can mean the difference between a case that goes to trial and one that gets dismissed. It’s one of the first things I look at in every burglary case.
Reduction to Criminal Trespass
Depending on the facts, it may be possible to negotiate a reduction from burglary to criminal trespass — a significantly less serious offense that, in many cases, is charged as a misdemeanor rather than a felony. The difference in long-term consequences between a felony burglary conviction and a misdemeanor criminal trespass can be enormous. Whether this is a realistic option depends entirely on the specific facts, and it’s something I can evaluate once I know the details of your case.
Frequently Asked Questions About Burglary in Texas
Can I be convicted of burglary in Texas if nothing was actually stolen?
Yes. Under Texas law, a completed theft is not required for a burglary conviction. The offense is complete the moment a person enters — or remains concealed in — a building or habitation with the intent to commit a felony, theft, or assault, regardless of whether that crime was actually carried out. This surprises a lot of people, and it’s one reason intent becomes such a critical battleground in burglary cases.
What is the difference between burglary of a building and burglary of a habitation?
The distinction comes down to what the structure is used for. A habitation is any structure adapted for overnight accommodation — a house, apartment, or similar dwelling. A building is any other enclosed structure used for trade, manufacturing, or other purposes. Burglary of a habitation is charged as a second-degree felony (2–20 years), and can escalate to a first-degree felony (5–99 years or life) if any party entered with intent to commit a felony other than theft. Burglary of a non-residential building is a state jail felony (180 days to 2 years). The difference in potential punishment is significant.
Will a burglary conviction stay on my criminal record in Texas?
Yes. A burglary conviction in Texas is permanent. Because burglary is a felony in virtually every scenario, the long-term consequences extend well beyond the sentence — including difficulty finding employment, housing, and certain professional licenses. Whether alternatives like deferred adjudication are available depends on the specific facts and charge level. That’s why it matters to have an attorney evaluate your case before you accept any outcome.
What should I do right after being arrested for burglary in Collin County?
Don’t make any statements to police beyond identifying yourself. Anything you say — even an explanation that seems innocent — can be used to establish the intent element the State needs to convict you. Contact a criminal defense attorney as soon as possible. Evidence like surveillance footage disappears quickly, and an early case evaluation often opens options that aren’t available once the case is further along. I handle burglary cases throughout Collin County and offer a free consultation — reach out and we can talk through your situation.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
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