Being charged with burglary or robbery in Texas is a very serious matter. In addition to fines and jail time, a criminal conviction can make it difficult to get a job, go to school, or find housing. Understanding the difference between burglary and robbery is crucial for anyone facing charges or seeking clarity on the law.
As of February 6, 2024, significant changes to Texas burglary statutes were enacted. These updates affect the classification and penalties for various types of burglary offenses, making it more important than ever to understand how these changes may impact you.
This guide explores the differences between burglary and robbery under Texas law, including definitions, penalties, and examples to help illustrate these distinctions. Additionally, we explain how Houston criminal defense attorney Lisa Shapiro Strauss can help if you are facing either of these charges.
Burglary vs. Robbery: Key Legal Differences
Robbery and burglary are two distinct crimes under Texas law, each with unique elements and consequences. While both offenses involve unlawful acts, there are important differences:
- Robbery is a violent crime that involves the use of fear, intimidation, threat, or physical force to steal money or property. According to Texas Penal Code §29.02, robbery occurs when a person commits theft and intentionally, knowingly, or recklessly causes bodily injury to another or threatens or places another in fear of imminent bodily injury or death. In robbery, the victim is present during the crime.
- Burglary does not require violence or a completed theft for a conviction. According to Texas Penal Code §30.02, an individual commits burglary if they unlawfully enter a habitation or building with the intent to commit a felony, theft, or assault. Most burglaries occur when the victim is away, and a person does not need to forcibly enter a structure—entry can involve any part of the body or an object connected to the body.
Examples of Robbery and Burglary
To better understand the differences between these crimes, here are some examples:
- Burglary Example: A person breaks into a vacant home intending to steal electronics but flees when the security alarm is triggered.
- Robbery Example: A man enters a convenience store, threatens the cashier with harm, and demands cash from the register.
Penalties for Robbery and Burglary in Texas
Recent updates to Texas burglary statutes, effective February 6, 2024, have introduced significant changes to the classification and penalties for certain types of burglary offenses. These changes highlight the importance of understanding the specific circumstances surrounding each charge. Below is a detailed breakdown of penalties for robbery and burglary under the updated laws:
Robbery
Generally classified as a second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000. Aggravated robbery, which involves factors such as using a deadly weapon or causing serious bodily injury, is a first-degree felony with penalties of 5 to 99 years in prison and fines up to $10,000.
Burglary
Penalties depend on the type of structure entered and the intent:
- Burglary of a Habitation: Now classified as a first-degree felony if the intent involves committing any felony other than theft. This change reflects the severity of entering someone’s home with felonious intent, carrying penalties of 5 to 99 years or life imprisonment and fines up to $10,000.
- Burglary of a Building: Elevated to a third-degree felony when the target includes controlled substances, particularly from facilities such as pharmacies or hospitals. Convictions result in penalties ranging from 2 to 10 years in prison and fines up to $10,000.
- Burglary of a Vehicle: Now a third-degree felony if the offense involves targeting commercial vehicles for controlled substances or engaging in human smuggling. Penalties include 2 to 10 years in prison and fines up to $10,000.
Why You Need an Experienced Criminal Defense Attorney
If you are facing charges for burglary or robbery, the consequences can be severe and life-altering. An experienced criminal defense attorney can:
- Review the evidence and identify weaknesses in the prosecution’s case.
- Negotiate for reduced charges or penalties.
- Advocate for your rights in court and provide guidance throughout the legal process.
Lisa Shapiro Strauss is a Houston criminal defense attorney with extensive experience defending clients charged with burglary, robbery, and other theft-related crimes. Her background as a former prosecutor gives her unique insights into how the prosecution builds its cases, allowing her to craft effective defense strategies tailored to your situation.
Frequently Asked Questions About Robbery and Burglary in Texas
Do I need to steal something to be charged with burglary?
No. Under Texas law, you can be charged with burglary if you unlawfully enter a structure with the intent to commit theft or another felony, even if the intended crime is not completed.
Can burglary charges be reduced or dismissed?
Yes, with the help of an experienced defense attorney, it may be possible to reduce burglary charges or get them dismissed by challenging evidence, negotiating plea deals, or highlighting weaknesses in the prosecution’s case.
What is the statute of limitations for burglary and robbery in Texas?
In Texas, the statute of limitations for robbery is typically 5 years, meaning prosecutors have 5 years from the date of the alleged offense to file charges. For burglary, the statute of limitations is also 5 years; however, if the burglary involves certain aggravating factors, such as intent to commit a more serious felony, the time frame may vary. Consulting with a qualified attorney is critical for understanding how these limitations apply to your case.
Get Help With Burglary Cases In Houston
Don’t think that just because you’ve been charged with theft, burglary or robbery that you are automatically going to be guilty. There’s always hope — especially when you have Houston criminal defense lawyer Lisa Strauss Shapiro on your side. Contact Lisa Shapiro Strauss today to schedule a free consultation.
