Though they are often used interchangeably, robbery and burglary are two distinct felony offenses that carry different legal elements and penalties. In Houston and throughout Texas, prosecutors take both crimes very seriously, as the penalties can include time in prison, hefty fines, and reputation damage. Our Houston criminal defense attorneys are here to help. Read on and reach out to our firm to learn more about the difference between robbery and burglary and how we can assist you if you’ve been charged with either. Here are some of the questions you may have:
What Is The Difference Between Burglary And Robbery In Texas?
In accordance with Texas law, burglary focuses on the unlawful entry of a structure with the intent to commit a crime, while robbery is a larceny crime that involves the threat or use of force. These charges directly impact how the prosecution handles these cases, as it can impact the level of punishment you face in and around Harris County.
Definition of Burglary Under Texas Law
In accordance with Texas Penal Code § 30.02, burglary involves the following elements:
- Unlawful entry into a habitation, building, or vehicle
- No consent to enter from the owner of the property
- Intention to commit a felony, theft, or assault while on the premises
- The intended crime does not have to be carried out
- No force or violence requirements
As such, it’s necessary to note that entering a home to commit assault still qualifies as burglary, and attempted entry can still result in a charge. Additionally, prosecutors in Harris County and across the state often treat burglary of a habitation as more severe than burglary of a non-residential building.
Burglary of a Habitation
It’s important to understand that, under Texas law, burglaries of a habitation, which is any residence or structure adapted for overnight habitation, are treated much more seriously than the unlawful entry of a non-residential building. These key distinctions include:
- Entering a home without consent will carry enhanced penalties
- Even temporary residences qualify
- The offense may be raised to first-degree under certain circumstances
- Prior convictions increase the risk of more severe sentencing
- Judges in Harris County routinely treat these as more serious offenses
Definition of Robbery Under Texas Law
Under Texas Penal Code § 29.02, robbery in Texas must involve the following elements;
- A person commits a theft offence,
- While intentionally, knowingly, or recklessly:
- Causing bodily harm, OR
- Threatening or placing someone in fear of imminent danger or death
- Direct interaction with the victim is required
As you can see, at its core, robbery is a larceny offense, while burglary can involve theft, but centers around unlawful entry and the intent to commit a felony, theft, or assault.
Side-by-Side Legal Comparison: Burglary vs. Robbery in Texas
Understanding the key differences between these offenses is critical to crafting your defense if you have been charged.
Burglary
- Texas Penal Code § 30.02
- Focuses on unlawful entry
- Does not require theft
- Does not require threat or force
- Does not require a present victim
- Can range from a state jail felony to a first-degree felony
- Must involve the intent to commit a felony, theft, or assault
Robbery
- Texas Penal Code § 29.02
- Focuses on theft involving force or threats
- Requires theft
- Requires force and threats
- Requires a present victim
- Typically charged as a second-degree felony
- Must involve bodily injury or threat of imminent harm
What Is Aggravated Robbery in Texas?
Aggravated robbery, as the name suggests, is an elevated robbery offense that often has elements that make it more serious for victims. Texas law significantly increases the consequences for a robbery offense when certain elements are present.
When Robbery Becomes Aggravated in Texas
In general, a robbery offense can be elevated to an aggravated robbery crime in Texas when the following factors, as defined in Texas Penal Code § 29.03, are present:
- Use or presence of a deadly weapon (firearm, knife, etc.)
- Results in serious bodily injury
- The victim is over the age of 65
- The victim has a disability
Under Texas law, aggravated robbery is considered a first-degree felony offense.
What Are the Penalties for Robbery and Burglary in Texas?
Both robbery and burglary are felony offenses in Texas, though the sentence imposed by the court will depend on the degree, the defendant’s prior criminal history, and the specific facts surrounding the case.
Penalties for Texas Felony-Level Offenses
- State Jail Felony (May apply for some burglary charges)
- Between 180 days and two years in state jail
- Up to $10,000 in fines
- Second Degree Felony (Typical for robbery charges)
- Between two and twenty years in prison
- Up to $10,000 in fines
- First-Degree Felony (Typical for aggravated robbery and some habitation burglary offenses)
- Between five and 99 years or life in prison
- Up to $10,000 in fines
It’s important to understand that, as mentioned, certain elements can result in an enhanced sentence. This includes prior felony convictions, the use of a deadly weapon during the commission of the offense, and whether or not vulnerable victims were intentionally targeted.
Common Misconceptions Regarding Burglary and Robbery in Texas
Unfortunately, because these terms are often used interchangeably, many who are facing charges are unsure of what these offenses truly mean and the severity of a charge.
Myth vs. Legal Realities
- Burglary must involve stealing or theft: False
- Robbery is only charged if it involves a firearm: False
- Breaking into a vehicle is not burglary: False
- If no one is injured, it’s not considered robbery: False
- First-time offenders do not go to prison: Not guaranteed under Texas law
How Prosecutors Prove Burglary or Robbery in Houston
In Harris County, the prosecutors handling your case must be able to prove each legal element of the offense you are charged with beyond a reasonable doubt. As such, the state will gather as much evidence as possible to hold you responsible for the crime.
Evidence Commonly Used in These Cases
- Surveillance or body camera footage
- Eyewitnesses to identify you
- DNA or fingerprints
- Prior criminal record
- Texts or online activity
- Statements from victims
How These Cases are Prosecuted in Harris County Courts
In Harris County, these offenses are generally charged through the criminal district courts. As such, the prosecution may seek enhanced penalties if:
- The alleged offense occurred in a residence
- A firearm was displayed or threatened
- The accused has a prior criminal history
- The victim is elderly or disabled
Contact an Experienced Houston Criminal Defense Attorney
When you are facing charges for robbery or burglary in Texas, having a strong criminal defense attorney to represent you during these times is integral to fight for the best possible outcome. At the Gonzalez Law Group, our firm understands how difficult these matters can be, which is why we will examine all potential avenues to help you fight the charges against you. Contact us today to learn how we can represent you.