Legal Question in Criminal Law in Texas

Burglary of a habitation is at least a second degree felony. If any party intended or attempted to commit a felony offense other than felony theft, the burglary is a first degree felony

The range of punishment for a second degree felony is 2 to 20 years in prison

The range of punishment for a first degree felony is 5 to 99 years or life in prison

Assuming that the probation for the first felony was revoked, it can be used for enhancement purposes.

The prior felony can be used to enhance the punishment range of a second degree felony to 5 to 99 years or life as a repeat offender. If the burglary is a first degree felony, a prior felony can be used to enhance the range of punishment to a 15 to 99 hears as a habitual offender

However if the burglary involved sexual assault, aggravated sexual assault, aggravated kidnapping or an intent to comment same or an intent to commit indecency with a child,

then the sentence is automatic life in prison.

Since the facts are involved in determining the range of punishment, there is no "usual" sentence. Anyone accused of these charges should retain a criminal defense attorney.