What Are the Differences Between Theft and Robbery in Texas?

Whether you are facing theft-related or robbery-related charges in Texas, it is critical to have a criminal defense lawyer on your side. You could be facing felony charges with either type of offense, depending on the facts of the case. Accordingly, you will want to do everything you can to avoid a conviction. Yet it is also important to have a clear understanding of the nature of the charges you are facing. Many people assume that theft and robbery are two words that are interchangeable to some degree, but these are actually two different types of offenses under the Texas Penal Code with distinct elements. What are the differences between theft and robbery? Our Texas criminal defense lawyers can explain in more detail, and we can speak with you today about working on your theft defense or robbery defense.

Understanding Theft Offenses in Texas

Under Chapter 31 of the Texas Penal Code, there are various types of theft offenses for which a person can face charges. Regardless of the type of theft offense that is charged, or whether the offense is being charged as a misdemeanor or a felony, the key elements of the offense are that you unlawfully took or misappropriated something that belonged to another person with the intent of depriving the owner of that property. Theft offenses can involve the use of weapons or violence, or the threat of weapons or violence, but those are not key elements of a theft offense.

Generally speaking, theft offenses can range from a class C misdemeanor up to a first-degree felony, depending on the value of the property taken and other potential aggravating factors.

Understanding Robbery Offenses in Texas

The offense of robbery involves a theft offense, but it then has additional elements. Under Chapter 29 of the Texas Penal Code, a person commits the offense of robbery “if, in the course of committing theft as defined in Chapter 31,” the person also does one of the following:

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

In sum, robbery is an offense where a theft occurs, and the offense involves bodily injury to another person or the threat of it. Robbery is typically charged as a felony offense. It can be charged up to a first-degree felony in cases where there are allegations of “aggravated” robbery, which typically involves serious bodily injury to another person, the use of a deadly weapon, or a victim who is either disabled or aged 65 or older.

Depending on the specific case, a person may be facing both theft and robbery charges for a single incident.

Contact Our Theft and Robbery Defense Lawyers in Texas Today for Assistance

If you or someone you love is currently facing charges for theft or robbery under the Texas Penal Code, it is critical to know that the consequences of a conviction could be severe. It is essential to begin working on your defense strategy with one of the experienced Texas theft and robbery defense lawyers at John Reed, Attorney at Law as soon as possible. Contact our firm today to learn more about how we can assist with your criminal defense in Texas.

Sources:

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

statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.31.htm