Houston Burglary of Habitation Defense

Burglary of Habitation Defense in Houston, TX

What Is Burglary of Habitation Under Texas Law?

Burglary of a habitation is one of the most serious property crime charges in Texas. Under Texas Penal Code §30.02, a person commits burglary if they, without the owner’s consent:

Enter a habitation with intent to commit a felony, theft, or assault; or
Remain concealed in a habitation with the intent to commit a felony, theft, or assault; or
Enter a habitation and commit or attempt to commit a felony, theft, or assault.

A “habitation” means a structure or vehicle adapted for overnight accommodation, such as a house, apartment, or mobile home.

Why Burglary of Habitation Is So Serious

Texas law distinguishes burglary of a habitation from burglary of a building because it directly involves people’s homes. It is prosecuted more harshly than non-residential burglary, even if no one was present inside.

Penalties for Burglary of Habitation

Second-Degree Felony

Most burglary of habitation cases are charged as a second-degree felony, punishable by:

2–20 years in prison
Up to a $10,000 fine

First-Degree Felony

If the State alleges that the defendant entered a habitation with intent to commit (or did commit) a felony other than theft, the charge escalates to a first-degree felony, punishable by:

5–99 years or life in prison
Up to a $10,000 fine

Collateral Consequences

Felony record affecting employment and housing
Loss of firearm rights and voting privileges
Immigration consequences for non-citizens
Possible restitution for alleged property damage or losses

Defenses to Burglary of Habitation

Lack of Intent

The State must prove intent to commit theft, assault, or another felony at the time of entry. If intent is not clear, the charge may not stand.

Consent or Right to Be There

If the accused had permission from an occupant or owner to enter, it is not burglary—even if disputes later arise about the purpose.

Mistaken Identity or Misidentification

Burglary charges often rely on eyewitness testimony or surveillance footage, which can be flawed or inconclusive.

Insufficient Evidence

Prosecutors must prove beyond a reasonable doubt each element of burglary. Weak or circumstantial evidence can be challenged.

Unlawful Search or Arrest

If law enforcement violated constitutional rights during the investigation, key evidence may be excluded.

Immediate Steps After a Burglary of Habitation Arrest

Do not make statements to police or others about the incident.
Gather evidence such as communications, witnesses, or proof of permission to be at the location.
Contact an experienced defense lawyer immediately to protect your rights.
Address bond conditions and begin building a defense strategy early.

Why Choose Cory Roth Law Office

Focused Burglary & Felony Defense

Experience handling serious burglary of habitation charges in Harris County
Aggressive defense strategies tailored to intent and consent issues
Strong negotiation and trial advocacy to fight felony exposure

Related Houston Practice Areas

Speak with Cory Roth Law Office Today

Burglary of habitation is one of the most serious property charges in Texas, with life-altering consequences. Our team challenges the evidence, fights the State’s theory of intent, and works relentlessly to protect your freedom and future.

Contact Cory Roth Law Office today to schedule a confidential consultation.

A burglary of habitation charge threatens your freedom and your future. Choose a defense built on precision, preparation, and courtroom toughness. Start your defense today.

FAQs

Do not make statements to law enforcement, collect any evidence of consent or alibi, and contact an experienced criminal defense lawyer immediately.

Yes. A conviction can lead to loss of firearm rights, voting restrictions, employment difficulties, housing issues, and severe immigration consequences.

Defenses include lack of intent, consent to enter, mistaken identity, insufficient evidence, or suppression of unlawfully obtained evidence.

Yes. Prosecutors only need to prove that you intended to commit theft, assault, or another felony at the time of entry, even if nothing was taken.

It is generally a second-degree felony punishable by 2–20 years in prison and up to a $10,000 fine. If the intent was to commit a felony other than theft, it becomes a first-degree felony with 5–99 years or life in prison.

Burglary of a habitation involves a residence and is punished more severely than burglary of a commercial building, which is usually a state jail felony.

Burglary of habitation occurs when someone enters another person’s home, apartment, or dwelling without consent and intends to commit theft, assault, or another felony.