Burglary Versus Robbery: What to Know About the Charges You Are Facing

If you are accused of committing a criminal offense in which you took property (or attempted to take property) from another party without their consent, you may be facing either burglary or robbery charges. Colloquially, these terms — burglary and robbery — are often used interchangeably, but they are actually distinct charges under the Texas Penal Code. Anyone who is facing charges for burglary or robbery should understand the elements of these two separate types of offenses, and the potential defense strategies that may be applicable to their case. Our Texas criminal defense lawyer can tell you more about burglary versus robbery charges, and we can begin working with you on your defense today if you are facing charges for either type of offense in Texas.

Defining Burglary Under the Texas Penal Code 

Under Section 30.02 of the Texas Penal Code, burglary is an offense that a person can face charges for if, without the effective consent of the owner, the person does one of the following:

• Enters a habitation, or a building (or any portion of a building) not then open to the public, with the intent to commit a felony, theft, or an assault; or
• Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
• Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

There are also specific, separate offenses under the Texas Penal Code for the burglary of coin-operated or coin collection machines, burglary of vehicles, and criminal trespass. Burglary is generally a state jail felony when committed in a building other than a habitation (i.e., someone’s residence or home), and a second degree felony if it is committed in a habitation.

Defining Robbery Under the Texas Penal Code 

Under Section 29.02 of the Texas Penal Code, robbery is an offense that can be charged is a person, in the course of committing theft and with the intent to obtain or maintain control of the property, does one of the following:

• Intentionally, knowingly, or recklessly causes bodily injury to another person; or
• Intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

A person can face charges for aggravated robbery if they commit robbery as defined above and do one of the following:

• Cause serious bodily injury to another;
• Use or exhibit a deadly weapon; or
• Cause bodily injury to another person or place another in fear of imminent bodily injury or death when that person is either 65 years old or older, or a disabled person.

Robbery is a second degree felony. Aggravated robbery is a first degree felony.

 Contact Our Texas Criminal Defense Attorneys Today for Assistance

If you are currently facing charges for burglary or robbery in Texas, it is essential to seek legal help with your defense. As we discussed above, both types of offenses are felonies under the Texas Penal Code, and the severity of the felony will depend in part on the specific charges and other relevant factors in your case. An experienced Texas burglary and robbery defense lawyer at John Reed, Attorney at Law can speak with you today about your case and your options for building a strong defense. Contact us today to discuss ways of avoiding a conviction for a felony offense of burglary or robbery in Texas.

Sources:

statutes.capitol.texas.gov/docs/pe/htm/pe.30.htm

statutes.capitol.texas.gov/Docs/PE/htm/PE.29.htm