View Full Version : What type of punishment for Burglary of a Habitation in Texas


chuckieschica
09-28-2005, 11:00 AM
What Is The Usual Punishment For Burglary Of Habitat If Its His First Felony? Any Guesses

David
09-28-2005, 12:02 PM
It depends on the circumstances, the Asst. D.A. prosecuting it and if he has any criminal history (even if not a felony).
In the past, I have seen people get probation for this type of thing however I'm not sure that is the case any longer. Burglary of a Habitation is a first degree felony in Texas (or was) and that is up to 99 years in prison.

If they get probation it is likely going to be 10 years.. but up to 20, I believe.

Tish02
09-28-2005, 12:11 PM
My fiance has actually been in for this same thing and Burglary of a habitation in Texas is now a second degree felony punishable from 2-20, if he does it again the DA can make it a habitual and change it to a first degree felony which is I believe, up to 99 years in prison. My fiance's first time being convicted of this he got probation and 6 months county time. I don't know how that happend but Our county is pretty lenient though, especially for first timers, but it really depends on the county and the D.A

jojacks
09-28-2005, 09:28 PM
My grandson got 5 yrs. and this was his first offense.

David
09-28-2005, 09:30 PM
Glad to hear it is a 2nd degree now instead of a first. :) I've been out of circulation for a while. :p

Chuckieschica,
What county are you all dealing with?

chuckieschica
09-29-2005, 11:09 AM
im in harris county

David
09-29-2005, 12:07 PM
Ewh... My County too..
Does he have any other criminal history at all?

chuckieschica
09-29-2005, 12:23 PM
he has a lot of possesion misdemeanors

txchic
09-29-2005, 12:42 PM
My husband received a 5 yr sentence for this same offense. He made a plea agreement since he was on probation for a possession charge and he had been on probation a time before that. He has done 18 months and is due to be released in October. I pray for a better outcome - BTW I am from another county so it may be a little different.

alloradun
09-29-2005, 03:06 PM
Harris county here too, b/f has an interesting & varied history. Let's see his 1st was a B & E got 10, did I think 3 or 4, 2nd was burg of Habitation with a sidedish of child endangerment....that was in 2004....up for possible parole on 9/06 or a serve all 9/08.All of his crimes were minus violence...that plays a HUGE part in it.It's kind of a tossup in Texas it's like they use a magic 8 ball to decided things per case with no real set directive.

albertzgurl210
09-29-2005, 08:34 PM
My husband has been to prison for the same thing and it was his very first time ever being in trouble he was 17 and he got 3 years TDCJ and got out in 2 it may have been because it was his grandpas gfs house ( kinda a family thing) but im not really sure u should try and get in touch with the DA and ask but dont say ur callin for ur husband cuz then they wont talk to u Good Luck

Kitty872
10-01-2005, 06:19 PM
My hubby got 10 yrs probation

albertzgurl210
10-01-2005, 11:41 PM
I guess it all depends on the situation or the curcumstances surrounding what happened if u have a good lawyer i guess u could get away with anything

warparty
10-02-2005, 12:57 AM
have a friend that got a 80 year sentence for his third conviction of burg of a habitaton out of kaufman county texas,,,,i was unaware of it being a second degree felony now,,back then it was a first degree,,,,sentece ranging from 5 to 99,to life

albertzgurl210
10-02-2005, 04:40 PM
Well if it was his 3rd time for the same thing that puts him not only as a hubitual offender but that strikes him out

BrandNewGirl
10-03-2005, 07:27 AM
Well if it was his 3rd time for the same thing that puts him not only as a hubitual offender but that strikes him out


I don't think Texas has the 3 strikes law though.


Nance

mj16140
10-03-2005, 09:59 AM
My husband got 10 years. He was not in the building, he was dripped off somewhere else and they came back and picked him up afterwards. It is all documented in the court transcript that he was not present at the time that it happened. I know he's being truthful on this because of the documentation. He served 2.5 years, then messed up and served a couple of more. His was out of Franklin County.

Johnscarebear
10-03-2005, 11:35 PM
My husband got 15 years, but it's his third time in.... for the same thing basically. He's been in when he was real young twice for burglary of a building. This last time it was burglary of building, but somehow they have him down for burglary of habitation... He's served half his sentence practically.

babygirl254
10-04-2005, 01:55 PM
my fiance got 10 years for burglary habitation and this is his first time ever being in trouble! I was wondering if you do not enter a building or a house is it still consider burglary habitation?

Bronc05
10-04-2005, 09:43 PM
In TDC, anything from probation to Death!!!

montysgirl
10-04-2005, 10:39 PM
I think it depends on where you are. Out here in the sticks, my husband got 20 years and $10,000...first offense. I can laugh about it now...but the indictment says he kicked a door opened and yelled that he was going to kick the guys a**. No, I am not kidding...that is it...no fight, no weapon, nothing stolen or damaged. Just that he kicked open a door and made a threat...and that got us 20 years and $10,000! There is nothing like living in a small town in east texas!

Lil shy shy
10-05-2005, 02:07 AM
PENAL CODE

TITLE 3. PUNISHMENTS

CHAPTER 12. PUNISHMENTS

SUBCHAPTER A. GENERAL PROVISIONS


§ 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
person adjudged guilty of an offense under this code shall be
punished in accordance with this chapter and the Code of Criminal
Procedure.
(b) Penal laws enacted after the effective date of this code
shall be classified for punishment purposes in accordance with this
chapter.
(c) This chapter does not deprive a court of authority
conferred by law to forfeit property, dissolve a corporation,
suspend or cancel a license or permit, remove a person from office,
cite for contempt, or impose any other civil penalty. The civil
penalty may be included in the sentence.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 12.02. CLASSIFICATION OF OFFENSES. Offenses are
designated as felonies or misdemeanors.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 12.03. CLASSIFICATION OF
MISDEMEANORS. (a) Misdemeanors are classified according to the
relative seriousness of the offense into three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors.
(b) An offense designated a misdemeanor in this code without
specification as to punishment or category is a Class C
misdemeanor.
(c) Conviction of a Class C misdemeanor does not impose any
legal disability or disadvantage.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
classified according to the relative seriousness of the offense
into five categories:
(1) capital felonies;
(2) felonies of the first degree;
(3) felonies of the second degree;
(4) felonies of the third degree; and
(5) state jail felonies.
(b) An offense designated a felony in this code without
specification as to category is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, § 3,
eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS


§ 12.21. CLASS A MISDEMEANOR. An individual adjudged
guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.23. CLASS C MISDEMEANOR. An individual adjudged
guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS


§ 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the
institutional division for life or by death. An individual
adjudged guilty of a capital felony in a case in which the state
does not seek the death penalty shall be punished by imprisonment in
the institutional division for life.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment or death is mandatory on conviction of a
capital felony. In a capital felony trial in which the state does
not seek the death penalty, prospective jurors shall be informed
that the state is not seeking the death penalty and that a sentence
of life imprisonment is mandatory on conviction of the capital
felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff.
Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.


§ 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the first degree shall be
punished by imprisonment in the institutional division for life or
for any term of not more than 99 years or less than 5 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the first degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.31 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended
by Acts 1979, 66th Leg., p. 1058, ch. 488, § 1, eff. Sept. 1,
1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the second degree shall be
punished by imprisonment in the institutional division for any term
of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the second degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.32 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the third degree shall be
punished by imprisonment in the institutional division for any term
of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the third degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.33 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1,1974. Amended by
Acts 1989, 71st Leg., ch. 785, § 4.01, eff. Sept. 1, 1989; Acts
1990, 71st Leg., 6th C.S., ch. 25, § 7, eff. June 18, 1990; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.