Burglary is a more serious criminal allegation than simple theft or shoplifting. Burglary involves the increased risk of interpersonal violence due to an individual forcing entry into a business or living space.
Many cases of burglary involved thefts or attempted thefts, but the state can pursue burglary charges against anyone who unlawfully enters or remains in a building with the intent to commit a crime. When prosecutors decide how to handle pending burglary charges, the nature of the building can influence what charges the state pursues.
Residential burglary is more serious than other types
Home invasions have a strong association with violent crime and the use of force for the purpose of self-defense. Therefore, the law tends to treat residential burglary scenarios as slightly more serious than burglaries involving businesses or barns outside of a farm.
Under Texas state statutes, the type of building directly influences the charges prosecutors bring. If the building is a residence, such as an apartment or a single-family home, then the charge brought is likely to be a third-degree felony. If the building is any other type of structure, prosecutors may bring a state jail felony charge, which is slightly less serious.
Any burglary accusation can lead to significant penalties and a criminal record, but residential burglary allegations are the most serious. Those accused of burglary and similar crimes are at risk of incarceration and financial penalties as well as a criminal record that can limit future opportunities.
Learning the basics about the law can be helpful for those facing allegations of burglary or other theft offenses. The nature of the charge(s) and the details of the situation influence the best way to respond.