Burglary charges in Texas carry penalties that catch most people off guard. You do not have to steal anything, force open a door, or even complete a crime inside the structure to face a second-degree felony charge with up to 20 years in prison.
Under Texas law, entering a home without the owner's consent with the intent to commit a felony, theft, or assault inside is enough. Fort Worth burglary lawyers who understand how broad this statute is and how aggressively Tarrant County prosecutors use it are in the best position to challenge the state's case where it is weakest: the intent element.
At Fulgham Hampton Criminal Defense Attorneys, we defend people facing burglary charges across Fort Worth, Arlington, Bedford, Southlake, and Weatherford. Five of our seven attorneys spent years inside the Tarrant County District Attorney's Office prosecuting felony cases, including burglary, before moving to criminal defense.
We know how prosecutors construct the intent argument, what evidence they lean on, and where that evidence falls short of proof beyond a reasonable doubt.
Call us now at 817-877-3030 for a free consultation.
How Fulgham Hampton Defends Burglary Cases in Fort Worth
Fulgham Hampton handles burglary defense at every level, from state jail felony burglary of a commercial building to first-degree felony burglary of a habitation with intent to commit a felony other than theft.
We have defended hundreds of property crime cases in the Tarrant County Criminal District Courts, and that courtroom-specific experience shapes the defense we build for every client.
Prosecutors Who Switched Sides
Five attorneys on our team spent years presenting felony cases in Tarrant County, including burglary and related property offenses. We argued the intent element to juries, worked with Fort Worth police investigators, and saw firsthand how charging decisions are made in the DA's office. Now we apply that same understanding to dismantle the prosecution's case from the opposite chair.
The Intent Element Is Where We Focus
The prosecution in a burglary case must prove what you intended to do at the moment you entered a structure. That is an inherently difficult element to prove, and it is the most common point of failure in burglary cases across Tarrant County. We build our defense strategy around the intent question because that is where the state's case is most exposed.
Ready to Go to Trial
With more than 100 years of combined criminal law experience and over 500 contested proceedings across Tarrant County courts, we do not push for a quick plea before testing the strength of the state's evidence. If the prosecution's case has holes, we make sure the judge or jury sees them.
What Is Burglary Under Texas Law?
Under Texas Penal Code § 30.02, a person commits burglary by entering a habitation or building, or remaining concealed inside, without the effective consent of the owner and with the intent to commit a felony, theft, or an assault. A person also commits burglary by entering a habitation or building and then committing or attempting to commit a felony, theft, or assault while inside.
How Texas Defines Entry
Texas law defines entry broadly. Under the statute, entry means intruding any part of the body or any physical object connected with the body into the structure. Reaching a hand through an open window or inserting a tool through a doorway meets the legal definition. No forced entry is required, and the door does not need to be locked or even closed.
Habitation vs. Building
The classification of the structure determines the severity of the charge. Texas law defines a habitation as a structure or vehicle adapted for overnight accommodation. A building is any enclosed structure intended for use as a habitation or for trade, manufacturing, or other purposes. The distinction matters because burglary of a habitation carries substantially higher penalties than burglary of a commercial or non-residential building.
What Are the Penalties for Burglary in Tarrant County?
Burglary penalties in Texas depend on the type of structure involved, the intent behind the entry, and whether any aggravating factors are present. Every burglary charge in Texas is a felony. There is no misdemeanor version of this offense.
- Burglary of a building (non-habitation) is a state jail felony, carrying 180 days to 2 years in a state jail facility and up to a $10,000 fine.
- Burglary of a building where a controlled substance is stored, such as a pharmacy or clinic, is a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
- Burglary of a habitation is a second-degree felony, carrying 2 to 20 years in prison and up to a $10,000 fine.
- Burglary of a habitation with intent to commit a felony other than theft is a first-degree felony, punishable by 5 to 99 years or life in prison and up to a $10,000 fine.
A single burglary of a habitation charge puts you in the same penalty range as many violent offenses in Texas, even if no one was home and nothing was taken. The gap between the lowest and highest burglary charges is enormous, and the type of structure and the alleged intent are what determine where your case falls.
Hear From Our Clients
Why Is Intent the Most Contested Element in a Burglary Case?
Burglary is one of the few property crimes in Texas where the prosecution's case rises or falls on what the defendant allegedly planned to do, not what the defendant actually did. The state must prove that you entered the structure with the intent to commit a felony, theft, or assault inside, and that proof must meet the beyond-a-reasonable-doubt standard.
How Prosecutors Try to Prove Intent
Police officers and prosecutors rarely have direct evidence of what someone intended at the moment they entered a building or home. Instead, the state builds the intent argument through circumstantial evidence: what you were carrying, what time of day it was, whether the property was occupied, whether anything was disturbed inside, and what you said to police after the arrest.
Why Circumstantial Intent Evidence Is Vulnerable
Because the intent element relies on inferences rather than direct proof, it is one of the most attackable parts of the prosecution's case. A Tarrant County burglary attorney may challenge the interpretation of the circumstantial evidence, present an alternative explanation for the defendant's presence, or argue that the state's version of events does not rise to proof beyond a reasonable doubt.
Situations where intent is commonly disputed include the following.
- You entered a property you believed you had permission to access, such as a friend's home, a former shared residence, or a workplace after hours.
- You walked into an open or unlocked structure without any plan to commit a crime inside.
- You were present at the location for a lawful purpose that the prosecution later recharacterized as criminal intent.
- You were misidentified as the person who entered the structure, often based on vague witness descriptions or grainy surveillance footage.
Many burglary arrests in Fort Worth originate from assumptions made by responding officers rather than direct evidence of criminal intent. Those assumptions are not the same as proof.
What Is the Difference Between Burglary and Related Offenses in Texas?
People frequently confuse burglary with criminal trespass and robbery. The distinctions matter because the charges carry very different penalties and require separate defense strategies.
Burglary vs. Criminal Trespass
Criminal trespass under Texas Penal Code § 30.05 involves entering or remaining on property without the owner's consent, but without the intent to commit a felony, theft, or assault inside. Trespass is typically a Class B or Class A misdemeanor.
The line between trespass and burglary is the intent element, and reducing a burglary charge to a trespass charge is a common defense objective when the state's evidence of intent is weak.
Burglary vs. Robbery
Robbery under Texas Penal Code § 29.02 involves committing theft while causing or threatening bodily injury. Burglary involves unauthorized entry into a structure with criminal intent. A person may face both charges if the facts support them, but the offenses have different elements and different penalty structures.
What Happens After a Felony Burglary Conviction in Texas?
A burglary conviction is always a felony in Texas, and the collateral consequences extend well beyond the prison sentence or probation terms.
- A felony conviction results in the loss of your right to possess a firearm under both federal and Texas law.
- Employers across Fort Worth and North Texas run background checks, and a burglary conviction raises immediate concerns about trustworthiness in virtually any position.
- State licensing boards for nurses, teachers, real estate agents, and other regulated professions may deny, suspend, or revoke a license based on a felony conviction, depending on the circumstances.
- A felony record may affect your ability to secure housing, as many landlords and property management companies screen for criminal history.
- Immigration consequences may apply for non-citizens, depending on the specific offense and applicable federal law.
Because every burglary charge in Texas is a felony, the way your case is resolved determines whether these consequences follow you or whether the charge is handled in a way that limits long-term damage.
Ask Fulgham Hampton
I was charged with burglary but I did not take anything. How is that possible?
Texas burglary law does not require a completed theft or any other completed crime inside the structure. The state only needs to prove that you entered without consent and with the intent to commit a felony, theft, or assault. Even if nothing was taken and no one was harmed, the charge stands if the prosecution proves criminal intent at the time of entry.
What is the difference between burglary of a habitation and burglary of a building?
Burglary of a habitation, meaning a home or any structure adapted for overnight accommodation, is a second-degree felony carrying up to 20 years in prison. Burglary of a non-residential building is a state jail felony with a maximum of 2 years. The type of structure, not the value of anything inside, determines how serious the charge is.
I was at someone's house and they called the police. Now I am being charged with burglary. What should I do?
Contact our Fort Worth burglary defense attorneys immediately and do not discuss the details with anyone else. Many burglary charges arise from domestic disputes, disagreements about permission, or situations where the accused had a prior relationship with the occupant. The consent and intent elements may both be contested based on the facts of your specific situation.
If your burglary charge involves a domestic situation or disputed access, call Fulgham Hampton at 817-877-3030 to discuss your options.
FAQs for Fort Worth Burglary Lawyers
Is burglary always a felony in Texas?
Yes. Every burglary charge under Texas Penal Code § 30.02 is a felony. Burglary of a building is a state jail felony at minimum, and burglary of a habitation is a second-degree felony. There is no misdemeanor burglary charge in Texas, which makes experienced legal representation from the start of the case especially important.
What does the prosecution have to prove in a Texas burglary case?
The state must prove three elements beyond a reasonable doubt: that you entered a habitation or building (or remained concealed inside), that you did so without the owner's effective consent, and that you intended to commit a felony, theft, or assault inside. If any one of these elements fails, the charge may not hold.
What is the punishment for burglary of a habitation in Texas?
Burglary of a habitation is a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine. If the alleged intent was to commit a felony other than theft, the charge rises to a first-degree felony with 5 to 99 years or life in prison.
Do I need a lawyer for a burglary charge in Fort Worth?
Most likely. A burglary charge is a felony regardless of the circumstances, and a conviction carries prison time, a permanent criminal record, and serious collateral consequences including the loss of firearm rights and difficulties finding employment. An experienced burglary defense attorney may be able to challenge the intent element, negotiate a reduction, or pursue a dismissal depending on the facts — and protect your rights.
Is breaking and entering a separate crime in Texas?
No. Texas does not have a separate breaking and entering offense. The conduct commonly associated with breaking and entering falls under the burglary statute, Texas Penal Code § 30.02. Importantly, Texas law does not require forced entry for a burglary charge. Walking through an unlocked door without consent is enough.
Fight Your Burglary Charge With Fort Worth Burglary Lawyers Who Know Intent Cases
A burglary charge in Tarrant County is a felony from the start, and the prosecution's case often rests on circumstantial evidence about what you intended to do inside a structure. That intent element is where cases are won and lost.
The earlier a defense attorney begins examining the evidence, interviewing witnesses, and challenging the prosecution's theory, the more options remain available. Call Fulgham Hampton Criminal Defense Attorneys at 817-877-3030 for a free consultation.