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Unsure of the date of the Texas statute, but as a general rule you can expect that burglary of an inhabited dwelling will always be considered MORE serious than just plain lburglary of an unoccupied one.

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Q: Was burglary of in habitaton change aggravated since 1992 in Texas?
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Is burglary of a habitation is a felony in Austin Texas?

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In Alabama will you see jail time for 3rd degree burglary with no criminal history?

The answer depends on what jurisdiction you are in (what state you live in). In order to get a more accurate response to your question you should identify the location of where the burglary took place. Here in Texas for example, burglary of a habitation is a second degree felony. The range of punishment is anywhere from two years to ten years probation for a first felony offender (if the jury wants to give probation, or if the state offers probation in a plea bargain up to two years to twenty years in prison. There is also burglary of a building and burglary of a vehicle which in Texas are lesser offenses.


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