Skip to main content

Burgalary of habitation felony 2nd degree is how much tim in lew sterrett? can you sit IT OUT? iF his bond is 4500

Dallas, TX |
Attorney answers 3


If I understand your question, someone has been charged with burglary of a habitation and you want to know how much time they're facing and whether they can sit it out. If that's the case, then here are the basics:
Burglary of a habitation is a 2nd degree felony with a punishment range of 2-20 years in jail. The person will be appointed an attorney if they can't afford one. In a situation like this many times a public defender will try to get them as short of a sentence as possible, but that will almost certainly not be in this person's best interest. He needs an attorney to defend him and get him a deferred adjudication (unless the charge can be beat) to avoid a conviction. It will require being on probation for a while, but a felony conviction for burglary will prevent many places from renting to him and many employers from hiring him.

I represent defendants in Dallas courts everyday and I have handled many burglary cases. I am happy to speak with him or with you about his options and help him through this case. I have reasonable rates and am happy with with you on this. please feel free to call me, but by no means should he consider just "sitting this out" because he could end up in jail for quite a while.

Also, an attorney can work to get his bond lowered so he can get out of jail and get a job. Good luck.


No. He cannot sit out the bond. A bond is an amount of money that is set by by the court to release an individual pending trial or indictment by the grand jury. It is not clear what you mean in your question. If the bond was set at $4500 by the magistrate, you should have to pay $450 to a bail bondsman plus fees to bail him out. This is actually a good bond and set below the rate of the Dallas County recommended bond schedule for the offense. If the bail bondsman is telling you it will take you paying $4500 to get him released, then the bond is set too high. Either way, if he cannot bond out, he will stay in jail until the bond is either lowered or he goes to trial (or works a deal). Occasionally, Dallas County will release accused who have not bonded out due to jail overcrowding but since it's a 2nd degree felony, he will not be included. He needs a lawyer. I also practice in Dallas County and am happy to speak with you further about it. You can contact me at 214-919-5529.


His bond amount has nothing to do with how much time he might do and you can't get credit on your bond for sitting in jail. If he doesn't have much of a juvenile record he's probably got a good chance at probation.

This is intended as only general legal advice. Feel to visit my website, for my blog on crime and punishment in Texas You may also email me through my site. I have been an attorney practicing criminal law in Austin for over eighteen years.