The main difference between robbery and burglary lies in how the offense is committed.
Robbery involves taking property directly from a person using force or fear, while burglary involves unlawfully entering a dwelling or structure with the intent to commit a crime inside, typically theft.
While both are serious felony charges, they involve different elements, circumstances, and potential penalties that can significantly impact your defense strategy.
Charged with burglary or robbery? Our Dallas Criminal Defense Lawyers understand the nuances of these theft crimes and how to build a strong strategy based on the facts of your case. Contact us online or call (972) 528-0116
What Constitutes Robbery Under Texas Law?
Robbery in Texas is governed by Texas Penal Code § 29.02, which defines it as theft plus the use or threat of force against another person. Unlike petty theft or grand theft, robbery is always treated as a serious violent crime.
To secure a robbery conviction, prosecutors must prove beyond a reasonable doubt that you:
- Intentionally or knowingly committed theft of property
- AND during that theft, either:
- Caused bodily injury to another person, or
- Placed someone in fear of imminent bodily injury or death
The defining characteristic of robbery is the presence of force or fear during the taking of money or property from another person.
💡Example Scenario: When someone takes property directly from another person while using a deadly weapon, it constitutes armed robbery. For example, if someone walks into a convenience store, approaches the cashier, demands money while showing a weapon, and then leaves with cash from the register, this clearly demonstrates how robbery includes both theft and the threat of force.
Understanding Burglary Under Texas Law
Burglary, on the other hand, is defined under Texas Penal Code § 30.02 and focuses on unlawful entry rather than confrontation with a person. Often mistakenly equated with breaking and entering, burglary involves more specific elements.
A person commits burglary in Texas when they:
- Enter a habitation or building (or any portion of a building) without the owner’s consent
- AND have the intent to commit a felony, theft, or assault inside
Unlike robbery, burglary doesn’t require any interaction with a victim. It’s the unauthorized entry with criminal intent that constitutes the offense.
Texas law recognizes several types of burglary:
| Type of Burglary | Description |
|---|---|
| Residential Burglary | Unlawfully entering someone’s home or habitation with intent to commit a felony, theft, or assault. |
| Commercial Burglary | Entering a business, office, or building not used for residence with intent to commit theft or another offense. |
| Vehicle Burglary | Breaking into a vehicle with the intent to steal or commit another crime. |
⚠️When someone intends to commit theft or another felony when entering a building without permission, they commit burglary regardless of whether they actually complete the intended crime.
Essential Differences Between Burglary and Robbery
Understanding the difference between burglary and robbery can make a significant difference in how your case is defended:
1. Presence of a Victim
- Robbery: Requires direct interaction with a victim; someone must be present and threatened or injured
- Burglary: Can occur without anyone present; it’s about the unlawful entry, not confrontation
2. Use of Force or Fear
- Robbery: Involves force, threat of force, or intimidation against a person
- Burglary: Doesn’t require any use of force against a person (though force might be used to gain entry to property)
3. Location Requirements
- Robbery: Can occur anywhere—public spaces, streets, stores, homes
- Burglary: Must involve entering a dwelling, building or structure without permission
4. Timing of Criminal Intent
- Theft and Robbery: The intent to deprive someone of property can form during the confrontation
- Burglary: Intent to commit a crime must exist at the time of unlawfully entering
Need help with a robbery or burglary charge? Contact us for a free consultation with our experienced Dallas criminal defense attorney.
Penalties for Robbery in Texas
Robbery is considered a violent felony in Texas. If you’re convicted, you could face years or even decades behind bars, along with permanent consequences for your record, employment, and rights.
| Type of Robbery | Classification | Circumstances | Penalties |
|---|---|---|---|
| Basic Robbery | Second-Degree Felony | Theft with force or threat of force | • 2–20 years in prison • Fine up to $10,000 • Permanent felony record • Loss of certain civil rights |
| Aggravated Robbery | First-Degree Felony | • Causes serious bodily injury • Uses or exhibits a deadly weapon • Threatens or places an elderly or disabled person in fear | • 5–99 years in prison • Fine up to $10,000 • Lifetime consequences for employment and housing |
⚠️ According to the Texas Department of Public Safety, robbery convictions are common and carry lasting impacts. Legal representation is essential to fight these charges and protect your future.
Penalties for Burglary in Texas
Burglary penalties in Texas vary depending on the type of property and the circumstances of the offense. Charges involving homes or the use of weapons carry especially harsh consequences under Texas law.
| Type of Burglary | Classification | Circumstances | Penalties |
|---|---|---|---|
| Burglary of Building | State Jail Felony | Entering a non-residential structure without consent, intending to commit theft or a felony | • 180 days to 2 years in state jail • Fine up to $10,000 |
| Burglary of Habitation | Second-Degree Felony | Unlawful entry into a home or dwelling with intent to commit a felony, theft, or assault | • 2–20 years in prison • Fine up to $10,000 |
| Aggravated Burglary of Habitation | First-Degree Felony | Burglary involving a deadly weapon or occurring in an occupied dwelling | • 5–99 years in prison • Fine up to $10,000 |
⚖️ Burglary charges escalate significantly when a home is involved. Texas law treats habitation-related burglary with the utmost seriousness to protect personal safety and privacy.
Is Burglary Worse Than Robbery in Texas?
Whether burglary is considered worse than robbery depends heavily on the details of the crime.
⚖️ Burglary typically involves unlawful entry with intent to commit theft or another felony. Robbery, on the other hand, involves taking property directly from someone through force or threats. That added element of personal confrontation makes robbery emotionally and legally more severe in many cases.
💡 However, burglary charges can quickly escalate. If the structure is a home, someone is inside, or a weapon is used, a burglary charge may carry the same penalties as aggravated robbery — up to 99 years in prison.
Prosecutors and judges weigh several factors when determining the seriousness of the offense:
- Use or threat of violence
- Victim injury or trauma
- Involvement of weapons
- Whether the crime took place in someone’s home
- Criminal history of the accused
✔️ If you’re facing either charge, it’s critical to understand how the law applies to your situation and how the courts interpret the facts.
Contact us today to speak with our Texas criminal defense attorneys about your case and what penalties you may realistically face.
Theft vs. Burglary vs. Robbery in Texas: A Clear Comparison
To further clarify these different but related theft crimes:
| Offense | Key elements | Physical confrontation | Classification range | Defining feature |
|---|---|---|---|---|
| Theft | Taking property without consent | No confrontation | Class C misdemeanor to first-degree felony (based on value) | Unlawfully taking property belonging to another |
| Burglary | Unlawful entry + intent to commit a crime | Typically none | State jail felony to first-degree felony | Entering a structure intending to commit theft or another crime |
| Robbery | Theft + force/fear against a person | Required | Second-degree felony to first-degree felony | Using force or fear while taking property |
⚠️Robbery is essentially theft committed through violence or intimidation, which is why Texas law treats it as a violent offense rather than just a property crime.
Common Defenses to Robbery and Burglary Charges
With over 1,000 criminal cases dismissed in the Dallas-Fort Worth area, our law firm knows how to identify and execute the most effective defenses for theft crimes, including:
For Robbery Charges:
- Mistaken identity: You were incorrectly identified as the person who committed the offense
- Lack of intent: You didn’t intend to deprive the owner of property
- Absence of force or fear: The alleged “force” doesn’t meet legal standards
- Alibi: Evidence shows you were elsewhere when the crime occurred
For Burglary Charges:
- Consent to enter: You had permission to be on the property
- No intent to commit a crime: You entered without criminal purpose
- Ownership claim: You believed you had a right to the property
- Fourth Amendment violations: Evidence was obtained through illegal search and seizure
Facing robbery or burglary charges? Contact us to find out which defense strategies could work in your case.
Why It's Critical to Hire an Experienced Criminal Defense Attorney
When facing robbery or burglary charges in Texas, the stakes couldn’t be higher. Here’s why choosing the right criminal defense lawyer matters:
✔️ Legal complexity
Texas law contains numerous technical elements that must be proven for a conviction. Our attorneys know what the prosecution must demonstrate and where to target your defense.
⚠️ Protection from severe penalties
A strategic defense can make the difference between years behind bars and reduced charges or dismissal. Our firm has secured hundreds of dismissals and not guilty verdicts across the Dallas–Fort Worth area.
📌 Early intervention is critical
The actions taken immediately after your arrest can shape the outcome of your case. We act quickly to preserve evidence, challenge improper police conduct, and start building your defense.
Get the Fierce Defense You Deserve - Contact Our Law Firm Now
At the Law Offices of Richard C. McConathy, we understand that being charged with a serious theft crime like robbery or burglary can be a frightening experience.
With our extensive experience in the Dallas-Fort Worth area courtrooms and our commitment to aggressive defense strategies, we have the knowledge and determination to fight for the best possible outcome in your case.
Our team will:
- Thoroughly investigate all aspects of your case
- Challenge evidence that was improperly obtained
- Negotiate with prosecutors when advantageous
- Prepare a compelling defense for trial if necessary
- Guide you through every step of the legal process
Don’t risk your freedom and future.
Schedule your free case evaluation with our experienced Dallas, and Irving Criminal Defense Lawyers today by calling (972) 528-0478.
FAQs About Robbery and Burglary in Texas
What's the difference between robbery, burglary, and theft in Texas?
Theft is simply taking someone’s property without consent. Burglary involves unlawfully entering a building with intent to commit a crime inside. Robbery is theft that involves force or fear against a person. The presence of force or threat and the unlawful entry are what distinguish these crimes from one another.
Can you be charged with both robbery and burglary in Texas?
Yes, you can face both charges from a single incident. For example, if you unlawfully enter someone’s home (burglary) and then use force to take property from a person inside (robbery), you could be charged with both offenses.
What happens if you commit burglary while armed in Texas?
Carrying a deadly weapon during a burglary significantly increases the severity of the charge. Burglary of a habitation while armed is typically charged as a first-degree felony, carrying 5-99 years in prison and up to a $10,000 fine. The presence of a weapon often leads to enhanced charges.
What are common defenses against robbery charges in Texas?
Effective defenses against robbery charges often include mistaken identity, lack of intent to commit theft, absence of force or threat, alibi evidence, and challenging witness testimony. The specific defense strategy depends on the unique circumstances of your case.