In Texas, the primary difference between burglary vs. robbery lies in the target of the crime and the presence of victims.
- Burglary involves unlawfully entering a building or habitation with the intent to commit theft, assault, or another felony. It does not necessarily require a victim’s presence during the crime’s commission.
- Robbery involves the act of taking property directly from someone, using force or the threat of force, which inherently means there is a victim present during the crime.
This article will dive deeper into the legal definitions, penalties, and implications of burglary and robbery under Texas law. If you or a loved one has been charged with burglary or robbery in Texas, it is crucial that you get an experienced Laredo criminal lawyer in your corner before it’s too late.
If you or a loved one has been charged with burglary or robbery in Texas, it is crucial that you get an experienced Laredo criminal lawyer in your corner before it’s too late.
Every second that your attorney isn’t working on your defense gives an advantage to the prosecution, who will do everything in their power to put you in jail for a long time. Call Javier Guzman, experienced and aggressive Laredo criminal defense attorney, at (956) 516-7198, and ask him to fight for you today!
What is the difference between burglary and robbery in Texas?
Under Texas law, burglary and robbery are distinct criminal offenses, each defined by specific elements described in the Texas Penal Code. Usually, the core element of both robbery and burglary in Texas is the act of theft — but this isn’t always the case (as we will see later).
According to Texas Penal Code § 31.03, theft is defined as the act of intentionally taking someone else’s property without their consent and with the intent to deprive them of it. Theft can also include instances of attempted theft, unlawfully keeping stolen property, or using deception to obtain property from someone.
So, then how does robbery differ from burglary? Let’s dig into the Texas Penal Code with the help of Laredo theft defense lawyer and founding attorney of Guzman Law Firm, Javier Guzman, to find out.
Burglary in Texas
Burglary is defined under Texas Penal Code § 30.02. A person commits burglary if, without the effective consent of the owner, they enter a habitation or building (or any portion of it) not open to the public and with the intent to theft, assault, or to carry out the commission of another felony.
The offense can also occur if the perpetrator remains concealed, with the intent to commit a felony, theft, or an assault, in a building or habitation, or enters and commits or attempts to commit a felony, theft, or an assault.
It’s important to note that burglary charges can be elevated to aggravated burglary if the perpetrator commits the offense in a habitation and intentionally, knowingly, recklessly causes bodily injury to another person. Additionally, if done with intent to commit a felony other than theft (such as sexual assault), it is also considered aggravated burglary.
Robbery in Texas
Robbery, on the other hand, is defined under Texas Penal Code § 29.02. A person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, they:
- Intentionally, knowingly, or recklessly cause bodily injury to another
- Intentionally or knowingly threaten or place another in fear of imminent bodily injury or death
Aggravated charges can apply to robbery as well. A robbery becomes aggravated when during the commission of the crime the perpetrator causes serious bodily injury, uses or exhibits a deadly weapon, or causes bodily injury to someone 65 years of age or older.
Examples of burglary and robbery in Texas
Below are some examples to illustrate the distinctions between burglary vs. robbery under Texas law.
What is an example of a burglary?
Example of Burglary: John enters a house through an unlocked window while the homeowners are away. His intent is to steal valuable electronics. While inside, he remains concealed and gathers various items before leaving. The homeowners later discover the missing items and report the burglary to the police. John is eventually caught and charged with burglary for unlawfully entering the habitation and committing theft.
Example of Aggravated Burglary: Samantha breaks into a home, knowing the residents are inside, and encounters one of the homeowners during the break in. She attacks them, causing significant bodily injury, before continuing to gather valuables and exiting the home. Because she knew the residents were home and caused them bodily harm, Samantha faces charges of aggravated burglary.
What is an example of robbery?
Example of Robbery: Jake visits a convenience store and, in the process of stealing cash from the register, pushes the cashier to the ground, causing minor injuries. The cashier fears for their life and immediately reports the incident. Jake is later apprehended and charged with robbery for causing bodily injury while committing theft.
Example of Aggravated Robbery: Mike robs a neighborhood grocery store. Armed with a handgun, he threatens the store clerk and several customers, instilling fear of imminent bodily injury or death. During the robbery, he discharges the weapon and causes serious injury to a bystander. Mike is arrested and charged with aggravated robbery because he used a deadly weapon and caused severe bodily harm during the crime.
If you or anyone you know are facing charges for any form of theft — including burglary, robbery, or even embezzlement — call a skilled Laredo theft defense lawyer immediately. An experienced attorney can help you build a strong defense and protect your rights in court.
What are the punishments for burglary vs robbery in Texas?
The punishments for burglary and robbery in Texas are quite severe, reflecting the serious nature of these crimes.
| Crime | Charge | Maximum fine | Jail time |
| Burglary of a non-habitation | State jail felony | $10,000 | Up to 2 years |
| Burglary of a habitation | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Non-theft burglary of a habitation | First-degree felony | $10,000 | 5 years – life in prison |
| Robbery | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Aggravated robbery | First-degree felony | $10,000 | 5 years – life in prison |
Beyond the immediate punishments of fines and imprisonment, convicted felons often face significant challenges including difficulty finding employment, as many employers are hesitant to hire individuals with criminal records. Housing options can also be severely limited, as landlords may deny applications from those with felony convictions.
Learn more: Can you get a CDL with a felony in Texas?
Facing charges for burglary or robbery in Texas? Call Guzman Law Firm.
If you’ve been accused of burglary or robbery in Texas, understanding the distinctions between burglary vs. robbery is only the beginning; the next step is hiring a criminal defense lawyer in San Antonio or Laredo who can defend your life.
While being put through the criminal justice system can be incredibly stressful and overwhelming, you don’t have to go through it alone. Guzman Law Firm is here to help you navigate the legal system and fight for your rights. With a deep understanding of Texas law and a track record of defending clients against serious charges, our team is prepared to build a robust defense tailored to your specific situation.
Don’t wait — if you’re facing theft charges in Texas call Guzman Law Firm today at (956) 516-7198 or contact us online to start building your defense.
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