Texas Burglary Penalties (2026)
Burglary and breaking-and-entering charges charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing burglary charges in Texas, consult a licensed Texas criminal defense attorney.
Texas Burglary Penalties
| Offense | Penalty |
|---|---|
| First Offense | State jail felony: 180 days–2 years prison |
| Second Offense | 1st degree felony (residential): 5–99 years prison |
TX Penal Code §30.02; residential burglary with intent to commit felony is 1st degree felony
Burglary Statute of Limitations in Texas
In Texas, the statute of limitations for theft and property crimes is generally 5 years.
Defending Against Burglary Charges in Texas
Common defenses in Texas burglary cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.
Related Texas Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication