Burglary in Texas is defined as entering a habitation, a building, or any part of a building not open to the public and without consent of the property owner, with the intent to commit a felony, a theft, or an assault. The second form of burglary is by remaining concealed in a building or habitation with the intent to commit a felony, a theft, or an assault. The third type of burglary is by entering a building or habitation and committing or attempting to commit a felony, theft, or an assault.
Burglary of a Habitation
Burglary of a habitation is a second degree felony punishable by 2-20 years in prison. However, burglary of a habitation becomes a first degree felony punishable by 5-99 years or life if the premises are a habitation and any party to the offense entered the habitation with intent to commit a felony OTHER THAN felony theft or committed or attempted to commit a felony other than felony theft.
Therefore, the use of a deadly weapon in the burglary of the habitation can contribute to the intent to commit a felony other than felony theft but does not by itself make the burglary of a habitation a first degree felony. The exception to this would be if the person carrying the deadly weapon was a felon because a felon in possession of a firearm is a felony in Texas.
Burglary of a Vehicle
Another common Texas burglary offense is burglary of a vehicle. This occurs when a person breaks into or enters a car without the owner's permission, with intent to commit a felony or a theft. Generally this is a Class A misdemeanor and carries a potential 1 year in jail. However, if a person has two or more similar convictions on his or her record, that person can be charged with a state jail felony and face 2 years in a state jail.