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.
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):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 2,645 | 61% | 15% | 23% | 301 |
| Collin | 519 | 22% | 31% | 48% | 211 |
| FortBend | 192 | 57% | 15% | 28% | 516 |
| Hays | 190 | 34% | 25% | 41% | 400 |
| Galveston | 169 | 31% | 22% | 47% | 284 |
| Montgomery | 169 | 44% | 14% | 43% | 160 |
| Brazoria | 132 | 21% | 30% | 48% | 240 |
| Dallas | 132 | 24% | 37% | 39% | 152 |
| Williamson | 114 | 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
Deferred adjudication
Ended in a conviction
What is the punishment for Burglary of Habitation 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 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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
Charged with BURGLARY OF HABITATION?
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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.