February 16, 2024
In this article, you will gain a comprehensive understanding of the key differences between theft, robbery, and burglary as defined by Texas law.
These terms, while often used interchangeably in everyday language, have distinct meanings in the legal context.
Difference Between Theft, Robbery, and Burglary
Theft
To clarify in the simplest terms, theft can be described as taking someone else’s belongings without their consent with the intention of depriving them of it permanently or temporarily. It doesn’t involve any contact with the property owner i.e., no threat or use of force involved. Common examples of theft are shoplifting, picking pockets, or swindling.
Robbery
On the other hand, robbery involves direct confrontation with the victim. This crime also includes taking someone’s property, but it’s characterized by applying force or threat of force against the victim. For instance, mugging someone on the street or forcefully taking someone’s belongings falls under robbery.
Burglary
Burglary is different from robbery. It is traditionally defined as breaking into a dwelling with the intention to commit a felony, often theft. Today, many jurisdictions have expanded this definition to include any unlawful entry into any building — not just a residence — with the intention to commit a crime, irrespective of the time of day. For instance, forcibly entering a shop during daytime with a purpose of theft could also be classified as burglary.
Although each crime involves unlawfully taking property, the difference lies in how the crime is carried out. What seems like a minor difference can significantly impact the severity of the crime and subsequent penalties if convicted. It’s important to know these differences for a better understanding of your case, especially if you are facing such charges in Texas.
Penalties Associated with Theft, Robbery, and Burglary in Texas
When you find yourself on the wrong side of the law, suddenly facing trouble with theft, robbery, or burglary charges in Texas, panic can often set in. You start to wonder, “What penalties am I likely to face if found guilty?” It’s a reasonable concern and as your source for criminal defense concerns, we aim to shed light on this critical question.
Theft Penalties
According to the Texas Penal Code Section 31.03, the various penalties associated with theft offenses are categorized by the value of the property stolen. For example, theft of an item that is worth less than $50 is considered a Class C misdemeanor that may attract a fine of up to $500. Theft of an item that is worth between $50 and $500 is classified as a Class B misdemeanor, potentially resulting in up to 180 days in jail and a fine up to $2,000. At the more severe end, if the property stolen is worth $300,000 or more, it’s classified as a first-degree felony. This serious crime could lead to a jail term between 5 to 99 years and a costly fine up to $10,000.
Robbery Penalties
Moving on to robbery, the penalties in Texas are considerably steeper. By default, a robbery charge is a second-degree felony, which might land you in prison for anywhere between 2 and 20 years, along with a fine of up to $10,000. If the robbery inflicts serious injury or involves a senior citizen or a disabled individual, it escalates to aggravated robbery – a first-degree felony facing prison time of 5 to 99 years and a maximum fine of $10,000.
Burglary Penalties
Burglary charges, too, can carry heavy penalties in Texas. If a state jail felony is committed in a building other than someone’s dwelling, you could face between 180 days and 2 years in a state jail as well as a fine up to $10,000. However, if the burglary is committed in someone’s dwelling with an intention to commit a felony other than theft, it’s treated as a first-degree felony leading potentially to a prison sentence of 5 to 99 years along with a maximum fine of $10,000.
Remember though, each case is unique and penalties can vary based on different factors associated with the crime. A seasoned criminal defense lawyer can best navigate you through the intricacies of your situation.
What Steps Should I Take If I’m Charged With Theft, Robbery, or Burglary in Texas?
Feeling overwhelmed by a charge related to theft, robbery, or burglary can be quite normal. However, understanding the right way to respond can make all the difference. Here are some essential steps you might want to consider:
Step 1: Remain Calm and Silent
First and foremost, don’t panic. You have rights and one of them is your fundamental right to remain silent. Whatever the circumstances leading to your apprehension, remember that any statement you make can be used against you in court. Resist the urge to explain or argue about your situation. The less you say, the better.
Step 2: Ask for an Attorney
Once you’ve asserted your right to silence, the next important step is to ask for an attorney. Remember, navigating the legal intricacies of theft, robbery or burglary charges in Texas is not a journey you should take alone. Legal aid is crucial and requesting a lawyer should be your top priority.
Step 3: Contact your Attorney
If you don’t already have an attorney, notify a family member or someone you trust to contact one on your behalf. Make sure to work with a criminal defense lawyer who is adept and experienced in dealing with Texas laws around theft, robbery, and burglary. Their expertise will equip you to handle your charges effectively.
Step 4: Cooperate with Your Attorney
Your lawyer will become your representative, helping you throughout the legal processes. Make sure to maintain an honest, open line of communication with them. Your collaboration and trust in your attorney is vital!
Conclusion
Whether you’re facing charges or simply seeking advice, The Napier Law Firm will make sure to protect your rights and help you get fair treatment under the law. By leveraging our extensive experience and knowledge, we can help navigate the complexities of your case, providing clarity and peace of mind during a challenging time.