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Is burglary a felony?

In Texas, the law cracks down hard on property crimes. If you face charges of any property crime, consequences for conviction are often dire. Burglary crimes fall under this category.

If you are facing a burglary charge, it is important to know the penalties you may face. You should also understand how the law views this crime, since that impacts the severity of the penalties.

What is burglary?

Under Texas Statutes, burglary is a type of property crime. You commit burglary if you enter a building or habitation without permission. You must have the intention of committing a theft, assault or felony. You can face burglary charges even if you do not carry out the crime. The only crucial component is having the intention of doing so. “Entering” under Texas law includes any part of your body or any object attached to your body.

The penalty for felonies

Burglary crimes can fall under third and first degree felonies. With third degree felonies, you must enter a building that stores controlled substances. You must have the intention of stealing the substances. Such buildings include hospitals, clinics, nursing facilities and pharmacies.

You can get a first degree felony charge if the building you entered was a habitation. You must have the intention of committing a felony outside of felony theft, or have carried out another felony on the premise.

State jail felonies can result in 6 months to 2 years in state jail and a fine of up to $10,000. Second degree felonies result in 2-20 years in state prison and fines of up to $10,000. First degree felonies can result in a 5 year to life sentence in state prison and a $10,000 fine.


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