Many Texans believe that they can return to a normal life once they’ve served their sentence for a crime. Unfortunately, that’s not always the case. A criminal record in Texas can limit access to housing, employment, and even educational opportunities long after the sentence is served. For those facing burglary or robbery charges, understanding the implications and differences between these offenses can be crucial, as these charges come with severe and lasting penalties.
Burglary vs. robbery—key differences explained
Burglary and robbery are often confused, but the charges have distinct legal definitions in Texas. Knowing the difference between the two can help those facing accusations understand the seriousness of the charges.
- Burglary involves entering a building, home, or vehicle without permission with the intent to commit a felony, theft, or assault. Unlike robbery, burglary does not require any direct confrontation with a victim or actual theft—just the intent to commit a crime upon entry.
- Robbery, however, involves stealing property directly from a person using force or the threat of force. It’s classified as a violent crime because it typically involves direct physical contact with a victim, which can result in serious injuries.
The key distinction lies in the element of force: burglary involves unlawful entry, while robbery involves theft with violence or intimidation. This difference can have a significant impact on the legal consequences and defenses available.
Meanwhile, theft is also a separate set of charges in Texas. Here, theft is the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Unlike burglary or robbery, theft does not involve unlawful entry or the use of force; it simply requires the act of stealing. In Texas, theft can range from shoplifting or petty theft to large-scale embezzlement, with penalties depending on the value of the property stolen.
Penalties for robbery in Texas
Robbery charges carry severe penalties in Texas due to their violent nature. Again, unlike burglary, robbery involves direct interaction with the victim, often making it a more serious offense. Here’s what to expect:
- Robbery: Classified as a second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000.
- Aggravated robbery: If a deadly weapon is used, serious bodily injury occurs, or the victim is elderly or disabled, the charge becomes an aggravated robbery, a first-degree felony. Penalties include 5 to 99 years or life in prison, with fines of up to $10,000.
Even a first-time robbery charge can result in decades of incarceration.
Penalties for burglary in Texas
The penalties for burglary vary based on the type of property entered and the crime intended. It’s essential to understand these distinctions because they determine the severity of the charge and the potential sentence.
- Burglary of a building (not a habitation): A state jail felony, punishable by 180 days to 2 years in state jail and fines of up to $10,000.
- Burglary of a habitation (home or residence): This is a second-degree felony, carrying a sentence of 2 to 20 years in prison and fines of up to $10,000. If the intent was to commit a felony beyond theft, it could be elevated to a first-degree felony, with penalties of 5 to 99 years or life in prison.
- Burglary of a vehicle: Typically a Class A misdemeanor, but prior convictions can increase the charge to a felony with harsher penalties.
These penalties illustrate why it’s essential to have a strong legal defense. Repeat offenders, in particular, face increasingly severe consequences. A criminal defense lawyer can help navigate these complexities and work to minimize the impact of the charges.
Legal defenses for burglary and robbery charges
If you’re facing burglary or robbery charges in Texas, understanding the possible defenses can be critical to building a strong case. The right defense strategy can make the difference between a conviction and a reduced or dismissed charge. Here are some common defenses:
- Lack of intent: In burglary cases, the defense may argue there was no intent to commit a crime upon entering the property.
- Mistaken identity: Robbery charges often arise in chaotic situations where witnesses might misidentify the perpetrator.
- Alibi: Providing credible evidence that the accused was not present at the scene can be a powerful defense, especially if supported by witnesses or video footage.
- Coerced confession: If law enforcement obtained a confession without following proper legal procedures, the confession might be inadmissible in court.
Given the complexity of these cases, it’s important to consult a lawyer who can analyze the evidence, identify weaknesses in the prosecution’s case, and build an effective defense strategy. Navigating this alone can be risky and lead to more severe consequences.
Protect your future with an experienced criminal defense attorney
A burglary or robbery charge can turn your life upside down, but it doesn’t have to define your future. Navigating the Texas legal system alone can be daunting, especially when the stakes are so high. At The Webb Firm, P.C., our criminal defense lawyers provide our clients with more than just legal representation — they get a dedicated advocate who fights to protect their rights, reputation, and future.
If you’re facing charges in Texas, don’t leave your fate to chance. Contact us for a free consultation, and start building a strong defense with a legal team you can trust.
"I have had the pleasure of speaking with Amanda and staff. I highly recommend this firm. The people are very knowledgeable, honest, professional, and care about your case. I was very pleased." — Shirley S.
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