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A criminal charge of burglary can either be filed as a state jail felony offense that carries a range of punishment from 180 days to 2 years in a state jail facility or as a 2nd degree felony offense that carries a range of punishment of 2 to 20 years in the Texas Department of Criminal Justice – Institutional Division. Whether or not the State files the state jail charge and the 2nd degree felony charge depends on the structure that was allegedly burglarized. If the structure is a habitation, then the State will file the charge as a second degree felony. However, if the structure is a business, storage facility, or shelter, then the State will file the charge as a state jail felony.
Another way that the State can allege a burglary charge is where a person is accused of breaking into a habitation with the intent to commit a felony offense. In the instance that the a person is charged with burglary with intent to commit an assault, the case may be filed as a 1st degree felony that carries a maximum range of punishment of 5 to 99 years or life in prison. This type of burglary charge is seen when two individuals are fighting outside of a home and one person goes inside the house and shuts the door, then the other person kicks the door and goes in after them. Sometimes a person may get charged even if they did not damage or break the door, but simply because they entered the residence.
Dustan Neyland has years of experience handling burglary cases in Harris County, Montgomery County, and all across the State of Texas. If you have been accused of burglary anywhere in the State of Texas, contact us today to schedule a free in-person consultation at our office in Kingwood, TX, conveniently located within a short drive from Houston, TX and Conroe, TX.
Contact us at (281) 312-0155 for a free consultation.