Quick reference
Texas Penal Code § 30.02 governs Burglary in Texas. The statute can be read in full at Texas Statutes via Texas Legislature Online. Punishment ranges and defenses depend on the specific subsection and circumstances of each case. Below is L and L Law Group's plain-English summary plus the strategic considerations we use when defending Burglary charges.
What Texas Penal Code § 30.02 says
Section 30.02 of the Texas Penal Code is the controlling Texas statute for Burglary. The statute defines what conduct is criminalized, what mental state (mens rea) is required, and what penalties apply. The full statutory text is published at capitol.texas.gov and updated each odd-numbered legislative session.
Like every Texas criminal statute, § 30.02 must be read together with:
Texas punishment classifications
The punishment for an offense under § 30.02 depends on the specific subsection charged and any enhancement allegations in the indictment. Texas Penal Code Chapter 12 sets the punishment ranges:
| Classification | Range | Authority |
|---|
| Class C misdemeanor | Fine up to $500 (no jail) | § 12.23 |
| Class B misdemeanor | Up to 180 days county jail; up to $2,000 fine | § 12.22 |
| Class A misdemeanor | Up to 1 year county jail; up to $4,000 fine | § 12.21 |
| State jail felony | 180 days - 2 years state jail (no parole); up to $10,000 fine | § 12.35 |
| 3rd-degree felony | 2-10 years TDCJ; up to $10,000 fine | § 12.34 |
| 2nd-degree felony | 2-20 years TDCJ; up to $10,000 fine | § 12.33 |
| 1st-degree felony | 5-99 years or life TDCJ; up to $10,000 fine | § 12.32 |
| Capital felony | Life without parole or death penalty | § 12.31 |
Enhancements under § 12.42 (prior felony convictions) and § 12.43 (prior misdemeanor convictions) can move the punishment range upward. The State must plead enhancement paragraphs in the indictment to use them at sentencing.
How L and L Law Group defends Burglary cases
Every § 30.02 prosecution requires the State to prove each element of the offense beyond a reasonable doubt. The defense lawyer's job is to identify where the State's proof falls short. Common defense approaches in Burglary cases:
- Constitutional defenses: Fourth Amendment suppression of evidence obtained through illegal search and seizure; Fifth Amendment / Miranda suppression of statements; Sixth Amendment right to counsel issues.
- Factual defenses: Mistaken identity, alibi, lack of corroboration, body-cam or surveillance contradictions of officer testimony.
- Legal defenses: Self-defense (Penal Code Chapter 9), necessity (§ 9.22), duress (§ 8.05), mistake of fact (§ 8.02), insanity (§ 8.01).
- Procedural defenses: Statute of limitations (CCP Article 12.01), speedy trial (Sixth Amendment), prosecutorial misconduct.
- Sentencing-phase defenses: Mitigation, character witnesses, treatment enrollment, employment verification, family support.
The right defense depends on the specific facts, the specific evidence the State has gathered, and the specific subsection charged.
Frequently asked questions
Is § 30.02 a felony in Texas?
The classification depends on the specific subsection and any enhancements alleged. Burglary charges can range from Class C misdemeanor to 1st-degree felony in some cases. The indictment or information will specify the alleged classification.
What is the statute of limitations for Burglary?
Most felonies in Texas have a 3-year statute of limitations under Code of Criminal Procedure Article 12.01, though some have no limitations period at all (capital felonies, certain offenses against children). Most misdemeanors have a 2-year limitations period under Article 12.02.
Can I get probation for an offense under § 30.02?
Probation eligibility depends on whether the offense is on the Code of Criminal Procedure Article 42A.054(a) aggravated-offense list (formerly "3g offenses"). Most non-aggravated offenses are probation-eligible. For complete probation framework, see our punishment range page.
Can the charge be expunged later?
If the case ends in dismissal, acquittal, or no-bill, expunction under Code of Criminal Procedure Chapter 55 is available. If the case results in successful deferred adjudication, non-disclosure under Government Code § 411.0725 may apply (subject to exclusion list). See our expunction page.
Does this charge require sex offender registration?
Only offenses listed under Code of Criminal Procedure Article 62.001(5) require registration. Most non-sexual offenses do not. If you have been charged under § 30.02 and are uncertain, the indictment and statute will indicate whether registration attaches.
What if § 30.02 was amended recently?
Texas statutes are amended each odd-numbered year (regular session). For prosecutions, the law in effect at the time of the alleged offense controls. Recent amendments to Texas Penal Code can be tracked at capitol.texas.gov.
Can L and L Law Group help with my Burglary case?
Yes. We handle Burglary cases across Collin, Dallas, Denton, Tarrant, Rockwall, Kaufman, Ellis, and Hunt counties. Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) take cases personally. Call (972) 370-5060 for a free, direct-to-attorney consultation.
Related resources at L and L Law Group
Elements of the Offense, Subsection by Subsection
Texas Penal Code § 30.02 defines Burglary as entry into or remaining concealed in a building or habitation with intent to commit a felony, theft, or assault. The classification depends on whether the structure is a habitation and what the defendant intended.
§ 30.02(a)(1) — Entry with intent
A person commits an offense if, without the effective consent of the owner, the person enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault.
Plain English
The State alleges the defendant entered a building or habitation without consent, and at the time of entry, intended to commit a felony, theft, or assault inside.
What the State must prove
- Entry into a building or habitation
- Without the owner's effective consent
- Intent to commit a felony, theft, or assault at the time of entry
Common defenses
- Lack of intent at the time of entry (intent formed later, or not at all)
- Consent or apparent consent to enter
- Mistake about whether the building was open to the public
§ 30.02(a)(2) — Remaining concealed
A person commits an offense if, without the effective consent of the owner, the person remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation.
Plain English
Even if the defendant entered lawfully, the offense is committed if the defendant remains concealed after consent expires (e.g., after store closing) with intent to commit a felony, theft, or assault.
What the State must prove
- Remaining concealed after consent expired or in an unauthorized area
- Intent to commit felony, theft, or assault while concealed
Common defenses
- No concealment — defendant remained openly
- No intent to commit an offense
- Consent had not expired
§ 30.02(a)(3) — Entering or remaining and committing offense
A person commits an offense if, without the effective consent of the owner, the person enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Plain English
If the defendant entered without consent and actually committed (or attempted) a felony, theft, or assault inside, the State can charge under (a)(3) without proving intent at the moment of entry.
What the State must prove
- Entry without consent
- Defendant committed or attempted a felony, theft, or assault inside
Common defenses
- No completed or attempted offense inside
- Consent to enter
- Mistaken identity
§ 30.02(c)-(d) — Classification
An offense under this section is: (1) a state jail felony if committed in a building other than a habitation; (2) a felony of the second degree if committed in a habitation. Notwithstanding Subsection (c), an offense under this section is a felony of the first degree if: (1) the premises are a habitation; and (2) 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.
Plain English
Burglary of a building is a state-jail felony. Burglary of a habitation is a 2nd-degree felony. Burglary of a habitation with intent to commit a felony other than felony theft is a 1st-degree felony.
What the State must prove
- Whether the structure is a building or habitation under § 30.01
- For 1st-degree: intent to commit a felony other than felony theft
Common defenses
- Structure is not a habitation under § 30.01(1)
- Intended offense was theft only, not a felony beyond theft
Common Scenarios
These hypothetical scenarios illustrate how Texas Penal Code § 30.02 applies. They are educational examples — not predictions about any specific case.
Scenario 1: Burglary of a residence
A defendant who enters a Frisco home without consent intending to commit theft inside. Under § 30.02(a)(1), this conduct could constitute Burglary of a Habitation — a 2nd-degree felony.
Key consideration: If the defendant intends to commit a felony other than theft (such as assault or sexual assault), the offense is enhanced to a 1st-degree felony under § 30.02(d).
Scenario 2: Burglary of a commercial building
A defendant who breaks into a closed McKinney retail store at night to steal merchandise. Under § 30.02(a)(1), this conduct could constitute Burglary of a Building (a state-jail felony) — distinct from the more serious habitation offense.
Key consideration: Whether the structure qualifies as a 'habitation' under § 30.01(1) controls the classification — a closed business is a 'building' but not a 'habitation.'
Scenario 3: Remaining concealed inside
A defendant who enters a Plano business lawfully during business hours but conceals themselves and remains after closing, intending to steal. Under § 30.02(a)(2)-(3), this conduct could constitute Burglary even without a forced entry.
Key consideration: The 'remaining concealed' theory of burglary is separate from the 'entry without consent' theory — both are alternative ways the State can prove the offense.
Scenario 4: Burglary of a vehicle
A defendant who breaks into a vehicle in a Collin County retail lot to take property inside. Under § 30.04 (a related but distinct offense), this conduct could constitute Burglary of a Vehicle, separately classified from § 30.02.
Key consideration: Burglary of a Vehicle is a Class A misdemeanor on the first offense but escalates with priors under § 30.04(d) — and is a different statute from § 30.02.
Scenario 5: Burglary of habitation with intent to commit felony
A defendant who enters a Frisco home without consent and is alleged to have intended to commit assault, sexual assault, or another felony beyond theft. Under § 30.02(d), this conduct could constitute 1st-degree felony Burglary.
Key consideration: Intent at the time of entry is the contested element; circumstantial evidence (tools carried, conduct inside) often controls the State's proof.
These are hypothetical educational scenarios. They do not reflect actual cases handled by L and L Law Group, PLLC, and outcomes vary based on facts, evidence, and legal representation. For a confidential, fact-specific discussion of a real case, call (972) 370-5060 or email info@landllawgroup.com.
Notable Case Law
Texas appellate courts have repeatedly construed Penal Code § 30.02. The decisions below are reference points the defense uses when framing motions, jury arguments, and trial strategy.
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DeVaughn v. State, 749 S.W.2d 62, Tex. Crim. App. 1988
Addressed the 'entry' element in burglary cases under Penal Code § 30.02 and the requirement that the State prove intent at the time of entry.
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Richardson v. State, 888 S.W.2d 822, Tex. Crim. App. 1994
Discussed the proof required to establish burglary by 'remaining concealed' under § 30.02(a)(2) as distinct from entry-based theories.
Case law evolves; verify current status before relying on any holding. Citations are accurate as of 2026-05-19. For a case-specific analysis of how recent decisions affect a particular charge, call L and L Law Group at (972) 370-5060 or email info@landllawgroup.com.
Compendiums, calculators & related sections
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Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases.
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets.
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