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.
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 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.
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.
| 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.
What usually happens to a BURGLARY OF HABITATION charge
Of 4,454 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:
How long it takes: the median BURGLARY OF HABITATION charge took 287 days from filing to disposition (middle half: 148 – 521 days, 4,453 charges).
| County | Disposed | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 2,645 | 61% | 15% | 23% | 301 |
| Collin | 519 | 22% | 31% | 48% | 211 |
| Montgomery | 169 | 44% | 14% | 43% | 160 |
| 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 real BURGLARY OF HABITATION cases ended
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
Related charges
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.