Burglary in Texas is taken very seriously. The old adage that a "Man's home is his castle" is a fundamental concept in this state where a special emphasis is placed on property rights. The fact that it is divided up into two categories, both of which are Felonies, is a testament to the gravity with which it's dealt.
Breaking into a business or a building is a State Jail Felony. Breaking into someone's home is a Felony of the 2nd Degree. So on a Burglary of a Building the maximum punishment is 2 years in State Jail, but if it's a domicile the penalty range jumps up to 20 years in prison.
But what does "breaking" actually mean? Well, basically if any part of the body or a tool or object that is attached to the body breaks the plane of the structure without the effective consent of the owner and with the intent to commit a Felony, theft or assault, then the person could be charged. So a person who walks into an open garage & takes a gas can, a drill or a rake could be charged with burglary.
If the intent is to commit an offense other than theft, like kidnapping or sexual assault, the charges could be enhanced to a 1st Degree Felony and the person would be facing 5 to 99 years in prison.
Remaining in a building after hours also falls under this category.
It should be noted that a homeowner can use lethal force to protect his home. Therefore, it can be said that burglary could carry the death penalty if caught.
Breaking into a business or a building is a State Jail Felony. Breaking into someone's home is a Felony of the 2nd Degree. So on a Burglary of a Building the maximum punishment is 2 years in State Jail, but if it's a domicile the penalty range jumps up to 20 years in prison.
But what does "breaking" actually mean? Well, basically if any part of the body or a tool or object that is attached to the body breaks the plane of the structure without the effective consent of the owner and with the intent to commit a Felony, theft or assault, then the person could be charged. So a person who walks into an open garage & takes a gas can, a drill or a rake could be charged with burglary.
If the intent is to commit an offense other than theft, like kidnapping or sexual assault, the charges could be enhanced to a 1st Degree Felony and the person would be facing 5 to 99 years in prison.
Remaining in a building after hours also falls under this category.
It should be noted that a homeowner can use lethal force to protect his home. Therefore, it can be said that burglary could carry the death penalty if caught.