What is the classification for burglarizing a habitation?

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

Answer: (B)

The main idea being tested is how burglary is classified when the target is a dwelling. In Texas law, entering a habitation (a dwelling where people live) with intent to commit a felony, theft, or an assault, or remaining there to commit such offenses, is burglary. The base classification for burglary of a habitation is a second-degree felony. This reflects the serious but not the most severe level of burglary. Punishment for a second-degree felony typically ranges from two to twenty years in prison, with a possible fine up to $10,000. If aggravating factors are present—such as causing bodily injury, using a deadly weapon, or other circumstances—the offense can be upgraded to aggravated burglary, which is a first-degree felony with higher penalties. So burglarizing a habitation is categorized as a second-degree felony.