Legal Question in Criminal Law in Texas

There are too many variables in your question. What is the prior conviction for? Was it for a felony? Was it a felony other than a state jail felony? Did the prior conviction involve an aggravated case (murder, aggravated assault, sexual assault, kidnapping etc.). What was the prior sentence? What jurisdiction is the new case pending in? Who is the prosecuting attorney? What is the skill level and experience of the defense lawyer? Who is the Judge?

Without answers to all of these questions, we can just conclude that burglary of a habitation is a second degree felony in Texas with a punishment range of 2-20 years. If the prior is an enhanceable felony, the penalty is bumped to 5-99 years or life. There are some burglaries that don't involve theft as the motive that start with the 5-99 or life punishment range.

Obviously there is some bad news in all of this. You should retain a Board Certified Criminal Law Specialist with a great deal of experience for representation to achieve the best possible result. All cases are different and there are instances where a good lawyer can get a case dismissed, charges reduced, probation where it was otherwise unavailable.

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