ARSONTexas Penal Code (PC) § 28.02(d)
Arson is a second-degree felony under Texas Penal Code (PC) § 28.02(d). It is punishable by 2 to 20 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ARSON” mean?
Arson is a second-degree felony under Texas PC § 28.02(d).
Texas Penal Code § 28.02 defines arson. The State must prove that the defendant started a fire — regardless of whether the fire continued after ignition — or caused an explosion, with intent to destroy or damage vegetation, a fence, or a structure on open-space land, or a building, habitation, or vehicle under a circumstance listed in the statute: knowing it was within an incorporated city or town, knowing it was insured or subject to a mortgage or other security interest, knowing it was located on or contained property belonging to another, or being reckless about whether the burning or explosion would endanger someone's life or another person's property. Subsection (d), the provision cited on court records, is the grading provision: it classifies this base offense as a second-degree felony, reserving first-degree classification for cases involving bodily injury or death or a habitation or place of assembly or worship.
What usually happens to a ARSON charge?
38% ended without a conviction, 24% in deferred adjudication and 35% in a conviction.
How 424 resolved ARSON charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 194 | 39% | 24% | 30% | 374 |
Outcome is the final disposition recorded on the charge. “Other” (14) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a ARSON case take to resolve?
Typically about 11 months: half of resolved cases closed within 331 days of filing.
Across 423 resolved ARSON charges filed 2019–2023, the median time from filing to disposition was 331 days. The middle half took between 177 and 569 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ARSON cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Arson in Texas?
2 to 20 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Second-degree felony | 2 to 20 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.33 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for ARSON in Texas?
The median bail is $20,000, and 4% of defendants were released on a personal bond.
Across 2,984 Texas bail settings for this charge (22 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $20,000 (middle half: $10,000 – $50,000). 4% of defendants were released on a personal bond, and bail was denied in 246 cases. When this was the only charge at booking (1,160 records), the median was $25,000 and 4% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 326 | $10,000 | $5,000 – $20,000 | 0% | 8% |
| Bexar | 268 | $30,000 | $16,000 – $50,000 | 0% | 15% |
| Travis | 259 | $15,000 | $10,000 – $20,000 | 25% | 8% |
| Randall | 141 | $250,000 | $250,000 – $250,000 | 0% | 4% |
| Dallas | 125 | $30,000 | $20,000 – $50,000 | 1% | 3% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with ARSON?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.