Fort Worth Burglary Charges Attorney in Tarrant County, Texas


At Cofer Luster Criminal Defense Lawyers, our attorneys are experienced Fort Worth criminal defense lawyers and former prosecutors. We take pride in our refusal to back down from challenging cases and are committed to fighting for people accused of burglary in Texas. We stand ready and able to provide you with a dedicated team who strive to be the best Burglary Lawyers in the Fort Worth area.


We don’t rely on the police to do the investigating. We dig into every case and find the facts for ourselves – our clients’ freedom depends on it. Investigation is one of the greatest tools of a criminal defense attorney. If you have a serious criminal case you can’t take the chance that something is overlooked.

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More than 70 years of combined experience with over 1,000 cases defended.

Burglary Definition


Texas law defines burglary in Texas Penal Code section 30.02. Someone can commit a burglary offense in several different ways:

  1. A person enters of someone else’s habitation or a building (or any portion of a building) and
    1. the person does not have the effective consent of the owner;
    2. the habitation or building is not open to the public; AND
    3. the person entered the habitation or building with the intent to commit a felony, theft, or assault.
  2. A person stays concealed (hidden) inside a building or habitation, AND
    1. the person does not have the effective consent of the owner; AND
    2. the person has the intent to commit a felony, theft, or an assault inside of the habitation or building.
  3. A person enters a building or habitation and commits or attempts to commit a felony, theft, or assault.


What is residential burglary?

You may see other sources referring to burglarizing someone’s home as “residential burglary.” In Texas this is called burglary of a habitation.


Our highly skilled criminal defense attorneys can defend you against charges of residential burglary or burglary of a habitation. If you are accused of burglary, we will stand by your side. Whether you are accused of taking jewelry, money, electronics or other property, or entering a residence without permission you can turn to Cofer Luster Criminal Defense Lawyers. to fight for you.


What does “enter” mean in this context?

In the context of these charges, some words have a very specific definitions:


“Enter” means to intrude: any part of the body; or any physical object connected with the body.


What is a habitation?

Under Texas Penal Code Chapter 30, a habitation is any structure or vehicle that is adapted (made suitable for a new use or purpose or modified) for the overnight accommodation of persons, and includes:

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

Entering an attached garage may be charged as a habitation under Texas law.

What is a building?

”Building” (under Texas burglary law) means any enclosed structure meant for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. Typically, entry into a business is charged as burglary of a building.


What level of felony is burglary?


In most cases, a burglary charge is a felony punishable by a term of incarceration in the Texas State Jail if committed in a building other than a habitation it is a 2nd-degree felony if committed in a habitation with the intent to commit assault or theft. Burglary is a 1st-degree felony if the premises are a habitation, and any party to the offense entered the habitation with intent to commit any other felony. Learn about Texas felony charges.

Penalty for Burglary


Many factors can impact the possible penalty for a burglary charge. The severity of the punishment depends–in part–on whether you are accused of burglary of a habitation, burglary of a building, or burglary of a vehicle. Another important factor is the criminal history of the accused. If you are charged with burglary in Tarrant County then you need to meet with a Fort Worth criminal defense lawyer to discuss the possible punishment for your burglary charge.

  • Burglary of a Building is a state jail felony. Generally, a State Jail Felony is punished by imprisonment in a state jail for any term of not more than two years or less than 180 days. In addition to imprisonment in state jail, a person found guilty of a state jail felony may have to pay a fine up to $10,000. Enhancements could increase that range to a minimum of 2 years and up to 20 years in prison.
  • Burglary of a Habitation (with intent to commit theft or assault) is a second degree felony. If someone is found guilty of a Second Degree Felony they can be put in prison (Texas Department of Criminal Justice – Institutional Division) for a minimum of 2 years or as much as 20 years. Just like the State Jail felony burglary charge, the punishment can also include a fine of up to $10,000. Enhancements could increase this punishment range as well.
  • Burglary of a Habitation (with intent to commit sexual assault) is a First Degree Felony. For a First Degree Felony, a person can be sentenced to prison from 5 years up to 99 years or life. Also, a fine can be assessed up to $10,000. Enhancements can increase the minimum range here as well.

Depending on the circumstances and criminal history, a person can get probation for a burglary charge. This is another possibility that you need to speak with a criminal defense attorney about. If you are charged with burglary the case is serious and you need to find the best defense lawyer for your case. The penalties and punishment mentioned above are only if you are found guilty of burglary and deferred adjudication or probation are not an option. Your lawyer needs to evaluate your case to determine the likelihood of success at trial and bargain. Every case is unique and will require specialized attention.

Statute of Limitations


The Statute of Limitations for most Texas crimes can be found in the Texas Code of Criminal Procedure. For most burglary cases, the statute of limitation is 5 years. However, there are some more serious circumstances that increase the statute of limitation. Certain sex crimes change the statue of limitations.


If the case involved an allegation of sexual abuse of a child or attempted sexual abuse of a child, then the statute of limitation is 20 years from the 18th birthday of the alleged victim. So, if a person is accused of entering a building or habitation with the intent to commit any of the following crimes, then the statute of limitation for the burglary portion is 20 years:

  • Sexual assault of a child (Penal Code 22.011(a)(2));
  • Aggravated sexual assault of a Child (Penal Code 22.021(a)(1)(B));
  • Continuous sexual abuse of young child or children (Penal Code 21.02).
  • Aggravated kidnapping with intent to sexually abuse a child (Penal Code 20.04(a)(4)).


It’s important to note that many of these sex crimes have no statue of limitation. We stand ready to defend your rights and innocence by providing the most professional and comprehensive defense to your charges, striving to be the best Fort Worth Burglary Lawyers.