Burglary and robbery are serious felonies under Texas law. Although these offenses involve property, they do not address a similar crime. Each offense has different legal requirements and potential penalties. Under Texas Penal Code §§ 29.02 and 29.03, robbery involves theft in which a perpetrator uses threats or violence to commit the crime. Burglary involves entering a habitation with the intention of committing theft or another crime.

The prosecution must prove the specific elements of each offense to secure a conviction. A defense may challenge those elements or the evidence supporting them to help the defendant avoid a conviction. The differences in these crimes can affect how trials proceed. Furthermore, they can dictate the potential penalties that you could face after a conviction.

If you face robbery or burglary charges in Texas, you will need the guidance of a reliable criminal lawyer. Your lawyer will help you understand the differences in these offenses. Also, they can guide you in building a solid defense against the charges.

What Is Robbery Under Texas Law?

Texas law defines robbery under PC § 29.02. Robbery is more than simply taking another person's property. The offense also involves bodily harm or a threat of immediate harm. A person commits robbery if they cause physical injury to another person while attempting to take their property. Robbery charges can also arise if you used fear or threats against the alleged victim of theft.

When seeking a conviction for this offense, the prosecution must connect the alleged theft with the injury or threat. The prosecution does not need to show that you were in physical contact with the alleged victim. The key components of robbery under Texas law include:

Bodily Injury

A common way robbery can occur is through bodily injury. Under § 29.02, you may be charged with robbery if you bodily injure someone while committing theft. The injury addressed under this statute is not serious. However, the prosecution must still prove the required connection between the theft, your intent, and the bodily injury. If the evidence does not establish those elements, your defense may challenge the robbery allegation.

Threats or Fear

You can also commit robbery by threatening or inflicting fear on the alleged victim. A threat involves words or actions that cause others to fear for their safety. To determine whether your words or actions constitute threats, the court will consider the context and circumstances. Also, it may consider how a normal person would react in similar circumstances.

Aggravated Robbery

Texas also recognizes aggravated robbery under PC § 29.03. This is a more serious offense than ordinary robbery. Aggravated robbery may apply when you commit a robbery, and also:

  • Cause serious harm to another person;
  • Exhibit or use a deadly weapon
  • Cause significant bodily injury to, or threaten, an elder over sixty-five years old.

What Is Burglary in Texas?

Unlike robbery, a burglary charge will not necessitate that you have used a threat or force against someone else. Under Texas PC § 30.02, burglary focuses on unlawful entry inside a building or habitation with criminal intent. A person may commit burglary by entering a structure or habitation without the owner's effective consent and with the intention of committing theft, assault, or a felony offense.

The statute also covers situations involving remaining concealed in a building without consent. The prosecution need not show that anyone was injured or threatened to secure a burglary conviction. The key components of a burglary crime include the following:

Unlawful Entry

Whether you had consent to enter can be an important issue in burglary cases. Texas law requires the relevant conduct to occur without the owner's effective consent. Evidence about permission can therefore become important to the defense. For example, if a person invites you to their home and later accuses you of stealing something, you cannot face a burglary charge. This is because the entry under such circumstances is lawful.

Criminal Intent

Intent is another important part of many burglary cases. The prosecution can argue that you went into the premises with the intention of committing burglary, which is a felony, or assault. The defense can dispute whether the evidence indicates intent to engage in criminal activity. Being inside a building without authorization does not make you guilty of burglary.

Habitation or Building

The type of property involved can affect the severity of the burglary charge. Texas law distinguishes between burglary involving a building and burglary involving a habitation. A habitation receives greater protection. Under § 30.02, burglary of a building other than a habitation is a felony punishable by jail time.

Burglary of a habitation is generally a 2nd-degree felony. Certain circumstances can increase the offense to a 1st-degree felony. This makes it important to determine exactly what property the defendant allegedly entered.

How Does Burglary Differ from Robbery?

Sometimes, burglary and robbery can arise from similar events. Since these offenses are property crimes, they may result in felony charges. However, Texas law views them as separate offenses. The prosecution must prove different facts for each. The following legal distinctions show how robbery and burglary differ under Texas law:

Theft vs. Unlawful Entry

The first major difference between these offenses is the conduct at the center of each offense. Robbery is closely linked to taking another person's property without authorization. Under Texas PC § 29.02, the alleged conduct must occur in the middle of committing theft. Also, the prosecution must show that you need to obtain or maintain control over the property. For a theft crime to be complete, the prosecution must connect your actions to taking property.

Burglary focuses on entering a habitation with criminal intent. A burglary charge does not always require you to take any property from the scene. You may face allegations of entering with the intention of committing a felony or assault. To secure your conviction for burglary, the prosecution will focus more on the entry, lack of permission, and intent.

Presence of Violence or Threats

Another major factor that separates burglary and robbery is the use of threats or violence. Robbery requires you to engage in more than an ordinary theft. You must either cause bodily injury or place another person in fear. A robbery case may therefore involve an alleged physical injury or threat during the theft.

Violence is not a required element of burglary. You can allegedly commit burglary without hurting, threatening, or confronting anyone. The law only requires you to have entered a habitation with the intention of committing a crime. Whether you accomplished the act and your conduct upon entering the building may not affect the case.

Presence of a Victim

The presence of another person when you commit the crime can create a legal distinction between a burglary and a robbery under Texas law. Robbery involves conduct directed toward another person. The statute specifically addresses bodily injury and threats that affect another person.

A burglary will not require a person to be present on the property. A person could allegedly enter an empty building without the owner's consent and commit burglary. The victim's absence at the scene does not automatically prevent burglary allegations. This difference can affect the evidence in each case. A robbery prosecution may rely heavily on the alleged victim's account of what happened.

A burglary case, on the other hand, relies on surveillance footage, physical evidence, and access records.

Difference in the Criminal Intent

For most criminal offenses, the prosecution must establish an intent to secure a conviction. Burglary and robbery offenses differ in intent. In a robbery case, the prosecution must establish that the defendant intended to obtain or maintain control over property. The alleged conduct must also occur in the course of committing theft.

In a burglary case, intent is linked directly to the alleged entry. Section 30.02 covers situations where a person enters a structure with the intention of committing theft, assault, or another felony. For this reason, criminal intent is a major issue in a burglary defense. Prosecution does not rely on the defendant's presence on the property. Instead, the aim of the unauthorized entry will remain central to the case.

Consent

Burglary under § 30.02 involves conduct without the owner's effective consent. Whether the defendant had permission to enter the building becomes central to the case. Once the prosecution files the charges, the case will focus on the intent of entering. Where entry is allowed, the prosecution will have no basis to file a burglary charge.

Robbery does not have the same consent requirement. Even in cases where the defendant enters a property with permission from the owner, a robbery charge can arise if they took something using threats or violence. In such a case, disagreements could arise over the form of permission granted. Sometimes, the defendant may argue that the alleged victim permitted them not only to enter the building but also to take the alleged item.

To secure a conviction for robbery under these circumstances, the prosecution can use messages, witness statements, and access arrangements.

Property Involved

The kind of property and the location involved can create a disparity between burglary and robbery under Texas law. Robbery involves property that you allegedly sought to obtain or maintain control over. Burglary addresses unauthorized entry to a habitation, depending on the charge. Texas law treats burglary of a habitation more seriously than burglary of some other buildings. 

Entering a person's home can lead to a different level of burglary charge than entering a non-habitation building. Therefore, the prosecution must examine the location where the offense occurred before filing the charges.

Degree of the Offense

Robbery and burglary can carry different felony classifications under Texas law. Robbery is generally a 2nd-degree felony charged under Penal Code § 29.02. For aggravated robbery, the prosecution will file 1st-degree felony charges.

Burglary has several possible classifications. Burglary of another building, apart from a dwelling, is a felony. A burglary that occurs in a dwelling is generally a 2nd-degree felony. However, certain circumstances can raise the offense to a 1st-degree felony under § 30.02. The exact charge affects the punishment and lasting consequences of these offenses.

The Evidence Needed to Prove the Case

Another distinction between burglary and robbery is the type of evidence required to secure a conviction. A robbery case may depend on:

  • Evidence of the alleged theft
  • The defendant's intent
  • The victim's account, injuries, threats

The evidence for a burglary case may focus more heavily on:

  • The unauthorized entry
  • Lack of consent
  • Evidence of criminal intent

For either offense, the prosecution bears the burden of proving the offense charged beyond a reasonable doubt.

Difference in Penalties

Burglary and robbery may attract felony charges. Nevertheless, different levels of punishment apply to both types of crimes. Robbery, according to Texas Penal Code § 29.02, is a 2nd-degree felony. In case of a conviction for robbery, you may end up being imprisoned for 2 to twenty years. Additionally, you will be required to pay a fine not exceeding $10,000.

Aggravated robbery is a 1st-degree felony. You could face charges for aggravated robbery if you cause severe bodily injury to another person while committing the offense, or if other aggravating circumstances apply to your case.

Burglary has several possible penalty levels. Burglary of another building, other than a habitation, is a felony punished with a jail sentence of 10 days to two years. Burglary involving a habitation is a 2nd-degree felony. A conviction for the offense is punished by imprisonment for two to twenty years. If there are aggravating circumstances, the court can elevate the charge to a 1st-degree felony. Burglary in the 1st degree is punishable by a sentence of 5 to 99 years.

The exact punishment you will face after a conviction for burglary or robbery can vary depending on the following factors:

  • Your criminal record
  • The circumstances around the offense
  • Presence of aggravating or mitigating circumstances

Defense Strategies for Robbery Charges

If you face robbery charges, your defense should focus on the specific elements the prosecuting lawyer must prove. Some strategies you could use include:

  • Challenging the identification. Crimes like robbery leave witnesses and victims panicked. Therefore, it is common for a person to identify the perpetrator wrongfully. Therefore, your defense can question the accuracy of the witness accounts and the identification process.
  • Disputing the theft. Prosecutors must link alleged conduct to theft. Your defense can challenge whether you intended to obtain or maintain control over the property.
  • Challenging the alleged threat. Prosecutors must prove violence or threats were used to accomplish the burglary. Your attorney can examine the circumstances and argue that you did not threaten another person's safety.
  • Disputing bodily harm. If you face charges for aggravated robbery, the prosecution may need to prove that you caused severe bodily harm to the victim. Your attorney can contest this element because not all types of harm are considered severe bodily injury. Under such circumstances, the court can reduce your aggravated robbery charge to simple robbery.
  • Challenging the evidence. Prosecutors must have clear evidence to assert all the facts of a robbery to secure a conviction. You can base your defense of this offense on insufficient evidence.

Defense Strategies for Burglary Charges

Burglary cases rely on unauthorized entry, consent, and criminal intent. Defense strategies you could use in such a case include:

  • Challenging the entry. Burglary involves unauthorized entry into a building or habitat. Therefore, you can beat the charges by arguing that you did not enter the building or that the owner consented to your entry.
  • Challenging criminal intent. You must have intended to engage in a theft crime or another felony to be charged with robbery in Texas. However, establishing criminal intent can be challenging. Therefore, you could avoid a conviction for the crime by disputing the intent.
  • Dispute the property classification. The type of property you entered will affect the level of burglary charged. As such, your defense strategy may focus on whether the property legally qualifies as a building or habitation in Texas.
  • Dispute the evidence presented by the prosecutor.The prosecutor may use surveillance camera footage and witnesses’ testimony as evidence. Disputing the prosecutor’s evidence will generate reasonable doubt.

Find a Competent Criminal Defense Attorney Near Me

Robbery and burglary charges can arise from similar incidents. However, the crimes differ in the elements required and the punishment you could face upon conviction. Robbery involves theft that is committed alongside inflicting bodily injury or using threats against another person. Burglary focuses on unlawful entry or remaining and the criminal intent required under Texas Penal Code § 30.02.

Robbery and burglary crimes often result in felony charges. If there are aggravating circumstances in your case, the court will impose harsher legal and collateral consequences. When determining the appropriate defense for each offense, the circumstances of the case will play a significant role. Your defense can focus on challenging identification, consent, intent, entry, threats, injuries, or other evidence.

If you face a robbery or burglary charge in Texas, you will need legal guidance. At Andrew Deegan Criminal Attorney at Law, we offer reliable services for our clients in Fort Worth, TX. Call us at 817-689-7002 for guidance.