Robbery vs Burglary in Texas: What’s the Difference? 2025

If you are facing allegations of a serious criminal offense, you may be wondering about the specific charges and the potential punishments you could face. It’s crucial to learn about robbery vs burglary in Texas: What’s the difference between these charges and their penalties, and how can you set yourself up for the most favorable outcome possible in your case?

Robbery Charges and Penalties

Robbery and burglary have similarities, but knowing the specific elements of each crime can make an enormous difference in your legal defense. Robbery is considered a violent crime because it refers to taking or attempting to take something of value that belongs to another person by using threats, force, or other means to frighten the victim. In Texas, robbery is a felony of the second degree. The elements of an act of robbery include:

• Committing or attempting to commit a theft, and
• Causing bodily injury to someone else through intentional or reckless behavior, or
• Threatening someone else

Penalties include prison time of up to 20 years and a fine of up to $10,000. If the person causes a serious injury, shows or uses a deadly weapon like a knife or gun, or if the victim is disabled or 65 years old or older, the charge can be elevated to aggravated robbery. This is a felony of the first degree, which is punishable by up to life in prison.

Burglary: Charges and Penalties

Burglary, sometimes also called breaking and entering, is entering a structure to commit theft or a felony. It is generally not considered a violent crime, as the victim is usually not present. If the structure is not a home, burglary is a state jail felony, which is the least severe type of felony in Texas. If the structure is a home, it is considered a felony of the second degree. The elements of burglary include:

• Entering a building, even if only partially, that is not open to the public at the time
• Keeping their identity concealed
• The intent or attempt to commit a theft, assault, or felony

If someone enters another person’s home with the intent to commit a felony other than theft, the charge may be elevated to a felony of the first degree, with penalties up to life in prison. If you’re facing theft accusations along with robbery or burglary charges, working with an experienced Denton theft lawyer can help you protect your rights and build a strong defense.

In 2024, Texas residents reported 19,852 robberies, which was down 5.8% from the previous year, as well as 89,053 burglaries, down 4.03% from the previous year.

Protect Your Rights and Freedom

Everyone in Texas is guaranteed certain rights to fair treatment and the opportunity to defend themselves in the face of criminal allegations. Knowing your rights can have a significant impact on the outcome of your case, whether it’s your first time being charged with a crime or you have several previous arrests. Some of the most important rights you need to know are:

• The right to remain silent – When law enforcement officers question you, you have the right not to answer any questions that might provide evidence against you. To invoke this right, you simply must tell the officers that you are choosing to remain silent. At that point, the police should not continue to question you.
• The right to a lawyer – You have the right to have a lawyer represent you during the legal process. It is important to note that a private criminal defense attorney can often start representing you before you are even arrested in some cases.
• The right to fair search and seizure – To search your home, your person, or your vehicle, or to take your personal belongings, law enforcement has to obtain your consent or present a valid search warrant. In order to get a search warrant, officers have to provide a judge with a good reason to believe they will find evidence of a crime. If you are being arrested, police don’t need a search warrant, but if you’re not arrested, you can deny them access to search without one.
• The right to bail – When you’re arrested, you have the right to request bail, which is when you are released from jail while you wait for a trial date. In general, you have to provide a financial deposit as collateral to show your willingness to return to court. For more serious or violent crimes, bail can be set at a high amount, as defendants may be considered more likely to flee or commit another crime.

FAQs About Robbery and Burglary Law in Texas

What Is Considered Robbery in Texas?

In Texas, robbery is considered theft when the perpetrator causes, threatens, or places someone else in fear of bodily injury recklessly, intentionally, or knowingly. When it involves the use of a deadly weapon like a gun, a knife, or a blunt instrument like a baseball bat, it is considered aggravated robbery.

Can You Be Charged With Robbery and Burglary in Texas?

Yes, in some cases, you can be charged with both robbery and burglary in Texas. For example, breaking into a building and then using force to take something from a person inside the building could lead to being charged with both robbery and burglary. However, these are separate charges with separate penalties.

Does Burglary Have to Be at Night in Texas?

No, burglary does not have to be at night in Texas. That is, entering a building with the intent to commit a theft or felony at any time of day can count as burglary. Committing burglary in a home at night may lead to a more severe punishment, though, especially if people are in the home at the time.

What Are the Three Types of Burglary?

The three types of burglary, according to the FBI Uniform Crime Reporting Program, are forcible entry, unlawful entry, and attempted forcible entry. Forcible entry means using force to gain entry, such as breaking a window or using a crowbar to get past a lock. Unlawful entry is entering a building without permission, but not using force—for example, using an unlocked door. Attempted forcible entry means unsuccessfully trying to force entry.

Don’t Face Criminal Charges Alone

The legal team at the Robuck Morgan Law Firm, PLLC, has years of experience successfully defending clients against criminal charges like robbery and burglary. Having a skilled Denton criminal defense lawyer by your side can make a big difference when you’re fighting serious charges like robbery or burglary. Contact our office today to learn about your legal options.