A person’s home is their sanctuary—a place where they’re supposed to feel safe and protected. When that sense of security is shattered by an intruder, the consequences can be severe. Texas law takes home invasions extremely seriously, treating them as violent felonies with some of the harshest penalties in the country.
Texas home invasion charges involve the unlawful entry into a residence with the intent to commit a crime—whether it’s theft, assault, or another felony—while the occupants are inside. These cases fall under Texas Penal Code § 30.02 (burglary of a habitation) and other related statutes. They are often classified as first-degree felonies, meaning a conviction could result in life in prison.
Prosecutors in Texas aggressively pursue home invasion cases, pushing for maximum sentences. A strong legal defense is critical. If you are facing Texas home invasion charges, your future is on the line.
In this article, the experienced criminal defense attorneys at Varghese Summersett explain the law, potential penalties and possible defenses. We defend clients in Dallas, Fort Worth, Houston, and the surrounding areas.
What Constitutes a Home Invasion in Texas?
Home invasion itself is not a separate charge under Texas law but is prosecuted under multiple criminal statutes, including:
1. Burglary of a Habitation – Texas Penal Code § 30.02
A person commits burglary of a habitation if they enter a home or building without consent and intend to commit a felony, theft, or assault. This is the most common charge in Texas home invasion cases and is classified as:
- First-degree felony if the intent was to commit a felony other than theft (5 to 99 years in prison, up to $10,000 fine).
- Second-degree felony if the intent was only theft (2 to 20 years in prison, up to $10,000 fine).
Example: Someone breaks into a home while the residents are inside, intending to assault the homeowner. Even if the assault does not occur, the mere intent results in Texas home invasion charges as a first-degree felony.
2. Aggravated Robbery – Texas Penal Code § 29.03
If an intruder enters a home and commits robbery while using a deadly weapon, causing serious injury, or targeting an elderly or disabled victim, they will face aggravated robbery charges, a first-degree felony.
Example: A masked person breaks into a home, points a gun at the occupants, and demands money. The presence of a firearm escalates the case to aggravated robbery.
3. Aggravated Kidnapping – Texas Penal Code § 20.04
If an intruder enters a home and restrains, abducts, or holds someone hostage, aggravated kidnapping may apply. This is also a first-degree felony, punishable by up to life in prison.
Example: During a home invasion, an intruder ties up a resident to prevent them from calling for help. Even if no further harm occurs, this could lead to Texas home invasion charges under aggravated kidnapping.
Penalties for Texas Home Invasion Charges
The penalties for Texas home invasion charges depend on the circumstances, such as whether a weapon was used or if anyone was injured.
| Charge |
Felony Level |
Potential Sentence |
| Burglary of a Habitation (with felony intent) |
First-degree |
5 to 99 years in prison, up to $10,000 fine |
| Burglary of a Habitation (without felony intent) |
Second-degree |
2 to 20 years in prison, up to $10,000 fine |
| Aggravated Robbery |
First-degree |
5 to 99 years in prison, up to $10,000 fine |
| Aggravated Kidnapping |
First-degree |
5 to 99 years in prison, up to $10,000 fine |
Enhancements That Increase Penalties for Texas Home Invasion Charges
Texas law allows for sentence enhancements in home invasion cases when certain aggravating factors are present. These enhancements can significantly increase the length of a prison sentence or sometimes leading to mandatory minimum sentences.
Use of a Deadly Weapon – Mandatory Minimum Sentences Apply
If a person commits a home invasion while armed with a deadly weapon, Texas law imposes stricter penalties under the Deadly Weapon Finding (DWF). A deadly weapon includes firearms, knives, and any object used in a way that could cause serious injury or death.
- A deadly weapon finding on a first-degree felony charge means the offender must serve at least half of their sentence before being eligible for parole.
- If a firearm is used, the prosecution may seek aggravated robbery or capital murder charges if a fatality occurs.
Example:An intruder breaks into a home carrying a gun but does not fire it. Even if no one is injured, prosecutors can still push for a first-degree felony with a deadly weapon enhancement, increasing the minimum time behind bars.
Injury to an Occupant – Leads to Harsher Penalties
If a victim inside the home is injured during the invasion, the penalties increase substantially. Assault, aggravated assault, or even attempted murder charges may be added depending on the severity of the injury.
- Simple bodily injury (bruises, minor cuts) can escalate the charge to a higher-level felony.
- Serious bodily injury (broken bones, gunshot wounds, stab wounds) can result in a first-degree felony with a longer prison sentence.
- If the victim is elderly or disabled, Texas law provides additional protections, and the minimum sentence can increase.
Example: During a home invasion, the intruder pushes the homeowner to the ground, causing a severe head injury. Even if the initial charge was burglary of a habitation, prosecutors can upgrade the charge to aggravated robbery or aggravated assault, increasing the likelihood of a lengthy prison sentence.
Prior Convictions – Repeat Offenders Face Enhanced Sentencing or Life in Prison
Texas is a habitual offender state, meaning repeat felony convictions can lead to enhanced sentencing. If a person has previous felony convictions, they may face:
- Automatic sentence enhancements (e.g., a second-degree felony upgraded to a first-degree felony).
- Mandatory minimum sentences (e.g., a first-degree felony with a prior conviction may carry a minimum of 15 years instead of 5).
- Life in prison for offenders with two prior felony convictions under Texas Penal Code § 12.42(d).
Example: A person previously convicted of burglary is arrested for a second home invasion. Prosecutors may enhance the charge, seeking a longer prison sentence, and if the defendant has two prior felony convictions, a life sentence is possible.
Why Enhancements Matter in Texas Home Invasion Cases
Enhancements can mean the difference between a shorter prison term and spending decades—or life—behind bars. Texas prosecutors aggressively push for enhancements, which is why anyone facing Texas home invasion charges needs a strategic defense immediately.
Texas Castle Doctrine: Home Invaders Risk Getting Shot
Texas law strongly protects homeowners under the Castle Doctrine, which allows the use of deadly force against intruders without a duty to retreat. If a person unlawfully enters a home, the law presumes they are a threat, and the homeowner has the right to shoot to defend themselves. Here’s how the Castle Doctrine Could Affect Home Invaders:
- Homeowners can legally use deadly force to stop an intruder.
- No legal protection for the intruder—if they are injured or killed, they (or their family) cannot sue the homeowner.
- Stand Your Ground laws apply—homeowners don’t have to warn or flee before using force.
Example: A homeowner hears a break-in at night, grabs their firearm, and shoots the intruder. Texas law protects the homeowner from criminal liability in most cases.
For those facing Texas home invasion charges, the Castle Doctrine makes defense more difficult—if a homeowner used force, prosecutors may argue the intruder’s presence alone justified the shooting. In Texas, breaking into an occupied home is not just a felony—it can be a death sentence.
Possible Defenses Against Texas Home Invasion Charges
Being arrested does not mean automatic conviction. There are several defense strategies that can challenge Texas home invasion charge including:
1. Lack of Criminal Intent: To convict, prosecutors must prove intent to commit a felony inside the home. If intent is absent, charges may be reduced or dismissed. Example: A person mistakenly enters the wrong home, believing it to be their own. Without intent to commit a crime, burglary charges may not apply.
2. Mistaken Identity: Many Texas home invasion charges arise from mistaken eyewitness identification. Surveillance footage, forensic evidence, and alibi witnesses can disprove identity claims.
3. Consent to Enter: If the accused had permission to be inside the home, burglary charges may be invalid. Example: An invited guest refuses to leave after an argument. Without criminal intent, a home invasion conviction may not stand.
4. Insufficient Evidence: Prosecutors must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, the case can be dismissed.
5. Violation of Constitutional Rights: Illegal searches, unlawful arrests, and coerced confessions can lead to suppressed evidence and case dismissal.
Why Varghese Summersett is the Best Defense for Texas Home Invasion Charges
A home invasion conviction can result in decades behind bars. An experienced criminal defense team can challenge the prosecution’s case, negotiate plea reductions, and, if necessary, take the case to trial.
At Varghese Summersett, we:
- Examine every piece of evidence to find weaknesses in the prosecution’s case.
- File suppression motions if police violated your rights.
- Negotiate with prosecutors for charge reductions or dismissals.
- Take cases to trial when necessary to fight for your freedom.
Our attorneys have successfully defended clients facing Texas home invasion charges in Fort Worth, Dallas, and Houston.
What to Do If You’re Facing Texas Home Invasion Charges
If you have been accused a home invasion offense, it’s imperative that you take the following steps:
- Do Not Talk to Police – Anything you say can be used against you. Tell them you want a lawyer and don’t say anything else.
- Do Not Consent to Searches – Law enforcement must have a warrant.
- Document Everything – Keep records of your whereabouts and potential alibi witnesses.
- Call Varghese Summersett Immediately – A strong defense must start as soon as possible.
Contact Varghese Summersett Today
Texas prosecutors aggressively pursue home invasion cases, and a conviction could result in decades in prison. Time is critical. If you are facing Texas home invasion charges, call Varghese Summersett today at 817-203-2220. The sooner we start building your defense, the stronger it will be.
