I agree with the above answer. I would like to add the following. In Texas, Burglary of a Habitation is a second degree felony. If no weapon was involved, and alleged in the indictment, the person accused is eligible for probation and deferred adjudcation (assuming that the person has no prior felony record). There are also numerous defenses inherent to Burglary of a Habitation. I recently represented someone who was accused of Burglary of a Habitation, and I was able to get his charge reduced because I showed that he burglarized an unattached garage. Good luck and hire an aggressive attorney.
Both previous answers are correct...just not complete. Burglary of a habitation with the intent to commit theft, or committing or attempting to commit theft is a 2nd degree felony with a punishment range of 2-20 in TDCJ and a fine up to $10,000. However, burglary of a habitation with the intent to commit another felony (other than felony theft) or committing or attempting to commit another felony (other than felony theft) is a 1st degree felony with a punishment range of 5-99 or life and a fine up to $10,000.
In either case, the defendant is eligible for deferred adjudication from the Court (whether or not a deadly weapon is used) and eligible for regular probation from the Court or a jury (if no deadly weapon was used). In addition, to be eligible for probation from the jury, the defendant may not have a previous felony conviction.