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

BURGLARY OF HABITATION

Burglary of Habitation in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$15,000
Median cash bail
3%
Released on personal bond
35,225
Bail records
45%
Not convicted
281 days
Median time to disposition

What “BURGLARY OF HABITATION” means

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).

Charged asShare of bail recordsPossible confinementFineSource
Second-degree felony100% 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.

Bail for BURGLARY OF HABITATION in Texas

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.

What usually happens to a BURGLARY OF HABITATION charge

Of 5,113 BURGLARY OF HABITATION charges filed 2019–2023 across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 91% have reached a disposition:

45%
Not convicted (2,320)
Dismissed by the prosecutor33%
Dismissed after a diversion program1%
Dismissed, but convicted on a companion charge3%
Dismissed — refiled or handled in another case8%
No-billed by the grand jury1%
Acquitted at trial0%
23%
Deferred adjudication (1,154)
Deferred adjudication23%
31%
Convicted (1,586)
Guilty or no-contest plea29%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%

How long it takes: the median BURGLARY OF HABITATION charge took 281 days from filing to disposition (middle half: 142 – 514 days, 5,111 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris2,636 61%15%23% 301
Dallas809 21%48%31% 224
Collin513 22%30%48% 211
Montgomery169 44%14%43% 160
Williamson113 40%20%41% 301

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.

Recent BURGLARY OF HABITATION cases

CaseCountyFiledDisposedOutcome
196588901010HarrisMay 27, 2026Aug 28, 2026Dismissed by the prosecutor
196911501010HarrisJun 19, 2026Aug 28, 2026Dismissed by the prosecutor
196244001010HarrisMay 2, 2026Aug 28, 2026Dismissed by the prosecutor
196977101010HarrisJun 24, 2026Aug 28, 2026Deferred adjudication
196884801010HarrisJun 17, 2026Aug 28, 2026Dismissed by the prosecutor
196601601010HarrisMay 28, 2026Aug 28, 2026Dismissed by the prosecutor
197481601010HarrisAug 1, 2026Aug 27, 2026Dismissed by the prosecutor
196349501010HarrisMay 9, 2026Aug 27, 2026Dismissed by the prosecutor
196312601010HarrisMay 7, 2026Aug 27, 2026Dismissed by the prosecutor
196060001010HarrisApr 19, 2026Aug 26, 2026Dismissed by the prosecutor

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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.