Burglary of a habitation is classified as which degree?

• A. First Degree Felony
• B. Second Degree Felony
• C. Third Degree Felony
• D. State Jail Felony

Answer: (B)

The main idea is how Texas classifies burglary based on the type of structure involved. Burglary of a habitation (a dwelling where people live) is treated more seriously than burglary of a non-habitation building because occupants are often inside and at risk. That added protection is reflected in the degree: it is a second-degree felony. In practical terms, this typically means a punishment range of about 2 to 20 years in prison, with potential fines. By contrast, burglary of a building other than a habitation carries a lower degree, since there’s generally less risk to residents. So, the correct classification for burglary of a habitation is a second-degree felony.