Understanding the distinctions between criminal charges like robbery, theft, and burglary is crucial for anyone facing these accusations. While theft involves unlawfully taking property, robbery includes the use of force or intimidation, and burglary typically involves unlawful entry. Recognizing these differences can impact the severity of charges and potential legal consequences.
What Is Considered Theft Under Texas Law?
Theft occurs when someone unlawfully takes property with the intent to deprive the rightful owner of it. Under Texas Penal Code § 31.03, theft can range from misdemeanor shoplifting to felony-level property crimes, depending on the value of the stolen item. The severity of the charge and potential penalties increase when the value of the stolen goods exceeds legal thresholds.
When Theft Becomes a Felony Offense
In Texas, theft is classified as a misdemeanor or felony based on the value of the stolen property. If the value is $2,500 or more, the offense is considered a felony, carrying harsher penalties, including possible prison time. Theft of firearms, certain livestock, or property taken from a person also results in felony charges, regardless of the value.
Repeat theft offenses can also elevate a misdemeanor charge to a felony. If someone has two or more prior theft convictions, any subsequent theft offense, even if it involves low-value property, can be charged as a state jail felony.
How Robbery Is Legally Different From Theft
Robbery is considered a more serious offense than theft because it involves direct harm or threats against another person. Unlike theft, which only involves the unlawful taking of property, robbery includes physical force, intimidation, or violence. The following legal distinctions separate robbery from simple theft:
- Use of force – Robbery occurs when a person intentionally or recklessly injures another while committing theft. Even minor physical contact can escalate theft to a robbery charge.
- Threat of harm – If a suspect threatens violence while taking property, it qualifies as robbery, even if no physical injury occurs. Verbal threats, brandishing a weapon, or making aggressive gestures can all lead to robbery charges.
- Penalties for robbery convictions – In Texas, robbery is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000. If a deadly weapon was used, the charge may be enhanced to aggravated robbery, carrying even harsher penalties.
What Sets Burglary Apart From Robbery and Theft?
Burglary differs from theft and robbery because it involves unlawful entry into a building or vehicle with the intent to commit a crime. Under Texas Penal Code § 30.02, burglary occurs when a person enters a structure without permission and intends to commit theft, assault, or another felony. The act of breaking into a property, even if nothing is stolen, can still result in burglary charges.
Unlike robbery, burglary does not require direct confrontation with a victim. A person can be charged with burglary even if no one was present at the time of entry. Burglary is often classified as a felony, with penalties that vary depending on whether the criminal offense took place in a home, business, or vehicle.
How Texas Penalizes Theft, Robbery, and Burglary Differently
Theft, robbery, and burglary are separate offenses under Texas law, each carrying distinct penalties. Theft charges are based on the value of the stolen property and may be classified as misdemeanors or felonies. Robbery is always a felony due to the involvement of force or intimidation, with penalties ranging from 2 to 99 years in prison for aggravated robbery. Burglary sentences depend on whether the crime involved a residential or commercial property, with home burglaries carrying the most severe consequences.