By Benson Varghese

Published on: November 16th, 2013 at 10:19 AM
Last Updated: June 23rd, 2020 at 9:17 PM

If you’ve been charged with burglary of a habitation in Fort Worth — also known as housebreaking, or breaking and entering — it is important to contact a lawyer for legal assistance.

When most people hear the words “burglary of a habitation” they think of someone breaking into a home. The definition of burglary in Texas is far broader and includes any entry into a home when the person has intent to commit a felony, theft, or assault. A knowledgeable burglary attorney can help to explain these nuances and guide you through the legal system during your case.

How is Burglary of a Habitation Defined in Texas?

Pursuant to Texas Penal Code 30.02,  a person commits this crime if they enter or remain concealed within a habitation with the intent to commit a felony, theft or assault, or once inside, if they actually commit or attempt to commit a felony, theft, or assault.

For more information, please reference the Texas Penal Code 30.02

How is a Habitation Defined?

A “habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

  • each separately secured or occupied portion of the structure or vehicle; and
  • each structure appurtenant to or connected with the structure or vehicle.

Entry into a Habitation

Under Texas law, “entry into a habitation” occurs if any part of an individual’s body entered the habitation or any physical object connected to the individual entered the habitation. In other words, it is possible to be charged with burglary of a habitation without actually setting foot inside the home.

Potential Punishments

Burglary of a Habitation is generally a second-degree felony carrying a punishment range of 2 to 20 years in prison and up to a $10,000 fine. However, Burglary of a Habitation can become a first-degree felony if the perpetrator commits or attempts to commit a felony other than theft. The punishment range for a first degree felony is 5 to 99 years or life in prison and up to a $10,000 fine.

What is the Statute of Limitations for Burglary?

According to Code of Criminal Procedure 12.01, the statute of limitations for Burglary of a Habitation (where the felony intended, attempted or committed was not sexual assault of a child) in Texas is five years.

burglary of a habitation

Legal Assistance with a Burglary of a Habitation in Fort Worth Case

If you were charged with burglary of a habitation in Fort Worth, reach out to a skilled attorney for assistance. A dedicated lawyer can work tirelessly to protect your rights during this difficult time.