Penal Code § 30.02(c)(2) · Second-degree felony

BURGLARY OF HABITATIONTexas Penal Code (PC) § 30.02(c)(2)

Burglary of Habitation is a second-degree felony under Texas Penal Code (PC) § 30.02(c)(2). 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.

49%
Not convicted
287 days
Median time to resolve
$15,000
Median bail

What does “BURGLARY OF HABITATION” mean?

Burglary of Habitation is a second-degree felony under Texas PC § 30.02(c)(2).

Texas Penal Code § 30.02(c)(2) denotes burglary of a habitation, a second-degree felony. The State must prove that, without the effective consent of the owner, the defendant entered a habitation with intent to commit a felony, theft, or assault; remained concealed in the habitation with that intent; or entered the habitation and committed or attempted to commit a felony, theft, or assault. A "habitation," defined by Texas Penal Code § 30.01, is a structure or vehicle adapted for the overnight accommodation of persons, including each separately secured or occupied portion and each structure appurtenant to or connected with it. "Enter" means to intrude any part of the body or any physical object connected with the body. If the felony intended, committed, or attempted was one other than felony theft, the offense is instead the first-degree variant under § 30.02(d); burglary of a non-residential building falls under § 30.02(c)(1).

What usually happens to a BURGLARY OF HABITATION charge?

49% ended without a conviction, 18% in deferred adjudication and 31% in a conviction.

How 4,454 resolved BURGLARY OF HABITATION charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

49%
Not convicted (2,183)
Dismissed by the prosecutor35%
Dismissed after a diversion program1%
Dismissed, but convicted on a companion charge3%
Dismissed — refiled or handled in another case9%
No-billed by the grand jury1%
Acquitted at trial0%
19%
Deferred adjudication (822)
Deferred adjudication19%
31%
Convicted (1,396)
Guilty or no-contest plea29%
Plea to a lesser charge2%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)1%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris2,645 61%15%23% 301
Collin519 22%31%48% 211
FortBend192 57%15%28% 516
Hays190 34%25%41% 400
Galveston169 31%22%47% 284
Montgomery169 44%14%43% 160
Brazoria132 21%30%48% 240
Dallas132 24%37%39% 152
Williamson114 40%19%41% 302

Outcome is the final disposition recorded on the charge. “Other” (53) 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 BURGLARY OF HABITATION case take to resolve?

Typically about 9 months: half of resolved cases closed within 287 days of filing.

Across 4,453 resolved BURGLARY OF HABITATION charges filed 2019–2023, the median time from filing to disposition was 287 days. The middle half took between 148 and 521 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real BURGLARY OF HABITATION 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

196588901010 · Harris County
Filed May 27, 2026 → Dismissed by the prosecutor Aug 28, 2026 (3 months)
DISMISSED
25-1634-K26 · Williamson County
Filed Sep 15, 2025 → Dismissed by the prosecutor Aug 26, 2026 (11 months)
Dismissal
26-04-07211 · Montgomery County
Filed Apr 29, 2026 → Dismissed by the prosecutor Jul 21, 2026 (3 months)
Dismissed
25-DCR-113606 · FortBend County
Filed Dec 8, 2025 → Dismissed by the prosecutor Jul 13, 2026 (7 months)
Dismissed

Deferred adjudication

196977101010 · Harris County
Filed Jun 24, 2026 → Deferred adjudication Aug 28, 2026 (2 months)
25-1878-K368 · Williamson County
Filed Oct 27, 2025 → Deferred adjudication Aug 25, 2026 (10 months) · plea: guilty
CSCD 4 Years
26-06-09848 · Montgomery County
Filed Jun 9, 2026 → Deferred adjudication Aug 13, 2026 (2 months) · plea: guilty
CSCD 5 Years with Community Service of 240 Hours $1500 fine
423-F-164 · Bastrop County
Filed Feb 10, 2026 → Deferred adjudication Jul 27, 2026 (5 months) · plea: guilty

Ended in a conviction

24-08-12524 · Montgomery County
Filed Aug 15, 2024 → Guilty or no-contest plea Aug 24, 2026 (24 months) · plea: guilty
CSCD 4 Years with Community Service of 50 Hours 10 years TDCJ probated for 4 years
24-DCR-108830 · FortBend County
Filed Jun 16, 2025 → Guilty or no-contest plea Aug 24, 2026 (14 months) · plea: guilty
Convicted
CR2025-916C · Comal County
Filed Nov 19, 2025 → Guilty or no-contest plea Aug 4, 2026 (8 months) · plea: guilty
CSCD 10 Years with Community Service of 300 Hours
24-2101-K26 · Williamson County
Filed Oct 23, 2024 → Guilty or no-contest plea Jul 14, 2026 (21 months) · plea: guilty
Confinement to Commence 07/14/2026 2 Years , Texas Dept. Of Criminal Justice, Texas Department of Corrections Jail Credit 306 Days

What is the punishment for Burglary of Habitation in Texas?

2 to 20 years in prison and a fine up to $10,000.

Charged asPossible confinementFineSource
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 BURGLARY OF HABITATION in Texas?

The median bail is $15,000, and 3% of defendants were released on a personal bond.

Across 35,225 Texas bail settings for this charge (124 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $15,000 (middle half: $7,000 – $30,000). 3% of defendants were released on a personal bond, and bail was denied in 4,049 cases. When this was the only charge at booking (11,207 records), the median was $20,000 and 3% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 3,459 $7,500 $3,000 – $15,000 0% 3%
El Paso 2,578 $10,000 $5,000 – $32,700 7% 30%
Travis 2,572 $10,000 $7,500 – $20,000 15% 14%
Dallas 2,454 $20,000 $10,000 – $50,000 1% 7%
Bexar 2,039 $25,000 $15,000 – $40,000 0% 17%

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.

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Bail 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.