Burglary of a Building in Texas | Houston Burglary Attorney

Burglary of a building is the lowest level of burglary in Texas — a state jail felony. It applies to non-residential structures like businesses, offices, garages, and storage units. As with all burglary, you don't have to take anything: an unlawful entry made with criminal intent completes the offense. And because that intent is usually inferred, these cases are frequently reducible.

If you or a loved one has been charged with burglary in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 30.02, burglary of a building means entering a "building" (a non-habitation structure not then open to the public) without the owner's effective consent and with intent to commit a felony, theft, or assault — or entering and then committing or attempting one. The dividing line from burglary of a habitation is whether the structure was adapted for overnight accommodation.

Penalty Range

Circumstance	Offense Level	Punishment
Burglary of a building (non-habitation)	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
Reduced to criminal trespass (where facts support)	Class A/B/C Misdemeanor	Up to 1 year jail or fine only, depending on facts

How These Cases Are Defended

Consent or public access. If you had permission to enter, or the building was open to the public, it is not burglary.
Lack of intent at entry. Where intent is only inferred, defeating it can drop the case to criminal trespass.
Mistaken identity. These cases often rest on grainy surveillance or circumstantial evidence; we test identifications closely.
Illegal search and seizure. Evidence from an unlawful search can be suppressed.
Diversion and dismissal. First-time offenders may qualify for programs that avoid a felony conviction, followed by expunction.

Collateral Consequences

Even a state jail felony conviction can affect employment, housing, licensing, firearm rights, and immigration status, and it appears on background checks. Because reduction to a misdemeanor is often achievable, an experienced defense is well worth it.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with burglary of a building in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is burglary of a building in Texas?

Under Texas Penal Code § 30.02, burglary of a building is entering a non-residential structure that is not open to the public, without the owner's consent, with intent to commit theft, assault, or a felony — or entering and then committing or attempting one. It covers businesses, offices, garages, storage units, and similar structures that are not adapted for people to live in.

Is burglary of a building a felony?

Yes, but it is the lowest level of burglary: a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. That is significantly less than burglary of a habitation, which is a second-degree felony. Which one applies depends on whether the structure was a dwelling.

Do I have to actually steal something?

No. The offense is complete upon an unlawful entry made with the required criminal intent, whether or not anything is taken. The State frequently infers intent from the circumstances, and that inference is a common point of attack.

Can a burglary of a building charge be reduced?

Yes. Depending on the facts, we may be able to reduce it to criminal trespass (a misdemeanor), defeat the intent element, or pursue diversion and dismissal for first-time offenders. State jail felonies are also eligible for certain outcomes that avoid a felony conviction.

How is burglary of a building defended?

Defenses include consent to enter, that the building was open to the public, lack of criminal intent at entry, mistaken identity, and an unlawful search. We examine surveillance video, entry evidence, and the strength of any identification, and we pursue reduction, diversion, or dismissal where appropriate.