Who are the best robbery, theft, and burglary defense lawyers in Texas?

The best Texas defense lawyers for robbery, theft, and burglary charges understand that these are distinct offenses with very different elements and penalties — and that prosecutors frequently overcharge them. Deandra Grant Law – Criminal & DWI Defense has defended thousands of Texas clients facing property crime charges since 1994. With ACS-CHAL Forensic Lawyer-Scientist credentials held by both Deandra Grant and Douglas Huff, Garrett Discovery digital forensics training, board certification in criminal law, and recognition as Super Lawyers since 2011 and Best Lawyers in America 2025, the firm brings exceptional depth to robbery, theft, and burglary defense. James Lee Bright handles all federal criminal matters, including federal bank robbery prosecutions. Call (214) 225-7117 for a free consultation.

What is the difference between theft and robbery under Texas law?

The critical difference is force or the threat of force directed at a person. Theft under Texas Penal Code §31.03 requires only an unlawful taking of property with intent to deprive the owner — no confrontation, no victim present, no force required. Robbery under §29.02 is theft plus either intentionally or recklessly causing bodily injury to another, or intentionally threatening or placing another in fear of imminent bodily injury or death. Because robbery involves a person being threatened or harmed, it is always at least a second-degree felony (2–20 years) regardless of the value of the property taken. Theft's penalty depends entirely on the value stolen, ranging from a Class C misdemeanor (fine only) up to a first-degree felony for property worth $300,000 or more.

What is the difference between robbery and burglary under Texas law?

Robbery and burglary are commonly confused but involve completely different elements. Robbery under §29.02 requires a victim to be present and involves force or threats against that person during a theft. Burglary under §30.02 requires unlawful entry into a building or habitation with the intent to commit a felony, theft, or assault inside — but does not require that anyone be present, that force be used against a person, or that any property actually be taken. You can be convicted of burglary for entering a home with criminal intent even if you left without touching anything. Burglary penalties range from a state jail felony (180 days–2 years) for burglary of a building, to a second-degree felony (2–20 years) for burglary of a habitation, to a first-degree felony (5–99 years or life) for burglary of a habitation with intent to commit a felony other than theft.

Can a robbery charge be reduced to theft in Texas?

Yes — in the right circumstances, a robbery charge can be reduced to theft, which carries dramatically lower penalties. Robbery requires proof that the defendant caused bodily injury or made a threat of imminent injury to another person during a theft. If the prosecution cannot prove that element beyond a reasonable doubt — for example, because the alleged threat was ambiguous, the bodily injury was minimal or disputed, or the force element arose from a mere accidental contact rather than intentional conduct — the charge may be reducible to theft, whose penalty is determined by the value of the property. A theft conviction for a $20 item is a Class C misdemeanor with a fine only; a robbery conviction for the same item is a second-degree felony with up to 20 years in prison. Scrutinizing whether the force or threat element is truly proven is one of the most impactful strategies in robbery defense.

Does property value matter in a robbery or burglary charge in Texas?

No — unlike theft, the value of the property taken is legally irrelevant to both robbery and burglary classifications. Robbery is always at least a second-degree felony regardless of whether the property was worth $5 or $5 million. Aggravated robbery is always a first-degree felony. Burglary of a habitation is always a second-degree felony (or first-degree if the intent was to commit a felony other than theft), regardless of what was taken or whether anything was taken at all. This is a critical distinction from theft, where the entire penalty structure is determined by the dollar value of the property. It also means that prosecutors can charge robbery or burglary as serious felonies even in cases involving very minor property — which is why ensuring the charge accurately reflects the facts of the case is essential.

What does it mean that prosecutors sometimes overcharge robbery or burglary?

Overcharging occurs when a prosecutor files a more serious charge than the evidence actually supports. In property crime cases, this is common in two situations. First, filing robbery charges when the evidence only supports theft — for example, when the alleged force was incidental or accidental rather than intentional, or when the alleged threat was ambiguous. Second, filing aggravated robbery charges when the deadly weapon element is questionable — for instance, when an everyday object is argued to be a deadly weapon without strong factual basis. Overcharging is a negotiating tool that creates leverage for pleas to lesser charges. An experienced defense attorney identifies when overcharging has occurred and challenges the charge classification aggressively, potentially obtaining a reduction to a less serious offense with dramatically lower penalties.

Can burglary be charged even if nothing was stolen and no one was home in Texas?

Yes — under Texas Penal Code §30.02, burglary requires only unlawful entry into a building or habitation with the intent to commit a felony, theft, or assault inside. No victim needs to be present. Nothing needs to be taken. The offense is completed at the moment of entry with the requisite criminal intent — even if the defendant changed their mind and left without doing anything further. This is a meaningful distinction from robbery, which requires a victim to be present and threatened or harmed. The defenses to burglary often focus on challenging the entry element (was the entry actually unlawful, or was there consent?), the intent element (was criminal intent actually present at the time of entry, or was it formed later?), or whether the premises qualifies as a habitation versus a building, since the penalty difference is significant.

Do I need a lawyer if I am charged with theft, robbery, or burglary in Texas?

Absolutely — even a theft charge can carry felony consequences depending on the value of the property, and robbery and burglary are felonies from the outset. A second-degree felony robbery conviction means 2–20 years in prison and a permanent felony record affecting employment, housing, firearm rights, and immigration status. A first-degree felony aggravated robbery conviction means 5–99 years or life. And because prosecutors routinely overcharge these offenses, having experienced defense counsel review whether the charge actually fits the facts can make an enormous difference in the outcome. Deandra Grant Law has defended Texas clients in theft, robbery, and burglary cases since 1994, with board certification in criminal law, forensic science expertise, and digital forensics capability. Call (214) 225-7117 for a free, confidential consultation.

Home » Robbery vs. Theft vs. Burglary in Texas: What’s the Difference?

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

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

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

Robbery, theft, and burglary are frequently confused, but they are very different offenses under Texas law. Each has distinct elements, different penalty structures, and requires different defense strategies. Understanding the differences is critical because the charge you face determines the potential consequences and the most effective path to defending your case. This guide, prepared by the criminal defense attorneys at Deandra Grant Law, explains how Texas law distinguishes these three offenses and what each charge means for you.

Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.

Theft (Texas Penal Code §31.03)

Theft is the unlawful taking of property with the intent to deprive the owner of that property. The key element is intent to deprive, That is, the prosecution must prove you intended to permanently take something that belonged to someone else. Importantly, theft does not require force, threats, or entry into a building. Elements:

Unlawful appropriation of property
With intent to deprive the owner of that property

Penalty ranges: Theft penalties in Texas are based on the value of the property stolen:

Value of Property	Classification	Penalty Range
Under $100	Class C Misdemeanor	Fine up to $500
$100–$749	Class B Misdemeanor	Up to 180 days jail, $2,000 fine
$750–$2,499	Class A Misdemeanor	Up to 1 year jail, $4,000 fine
$2,500–$29,999	State Jail Felony	180 days–2 years state jail, $10,000 fine
$30,000–$149,999	Third-Degree Felony	2–10 years prison, $10,000 fine
$150,000–$299,999	Second-Degree Felony	2–20 years prison, $10,000 fine
$300,000+	First-Degree Felony	5–99 years or life, $10,000 fine

Note: Certain types of theft carry enhanced penalties regardless of value, including theft of firearms, theft from the elderly, and theft by a public servant.

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Robbery (Texas Penal Code §29.02)

Robbery is theft plus force or the threat of force. The critical distinction from theft is the element of violence or intimidation directed at another person during the commission of the theft. Robbery is always at least a second-degree felony regardless of the value of the property taken. Elements:

Committing theft (as defined in §31.03)
AND intentionally, knowingly, or recklessly causing bodily injury to another
OR intentionally or knowingly threatening or placing another in fear of imminent bodily injury or death

Penalty: Second-degree felony — 2 to 20 years in prison and up to a $10,000 fine. The value of the property is irrelevant to the robbery classification. Stealing a $5 item from a convenience store by pushing the clerk to the ground is a second-degree felony — the same classification as stealing $150,000 worth of property without force.

Aggravated Robbery (Texas Penal Code §29.03)

Aggravated robbery is robbery plus an aggravating factor: use of a deadly weapon, serious bodily injury to the victim, or a victim who is elderly or disabled. This is a first-degree felony. Penalty: 5 to 99 years or life in prison and up to a $10,000 fine.

Burglary (Texas Penal Code §30.02)

Burglary is unlawful entry into a building or habitation with the intent to commit a felony, theft, or assault inside. The key element is entry — not the use of force against a person. A person can commit burglary without stealing anything and without anyone being present. Elements:

Entering a building or habitation without the effective consent of the owner
With the intent to commit a felony, theft, or assault inside
OR remaining concealed in a building with intent to commit a felony, theft, or assault

Penalty ranges:

Burglary of a building: State jail felony (180 days–2 years)
Burglary of a habitation: Second-degree felony (2–20 years)
Burglary of a habitation with intent to commit a felony other than theft: First-degree felony (5–99 years or life)

Key Differences at a Glance

Element	Theft	Robbery	Burglary
Taking property?	Yes (required)	Yes (required)	Not required
Force or threats?	No	Yes (required)	No
Unlawful entry?	No	No	Yes (required)
Victim present?	Not required	Yes (required)	Not required
Value matters?	Yes (sets penalty)	No	No
Minimum classification	Class C Misd.	2nd Degree Felony	State Jail Felony

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Why the Charge Classification Matters

The difference between theft, robbery, and burglary is not academic. It can mean the difference between a fine and decades in prison. Prosecutors sometimes overcharge offenses, filing robbery charges when the evidence actually supports only theft, or charging aggravated robbery when the weapon element is questionable. An experienced defense attorney evaluates whether the charges match the evidence and fights to ensure you are not convicted of a more serious offense than the facts support.

Why Choose Deandra Grant Law

Master’s Degree in Pharmaceutical Science: Scientific expertise for forensic evidence challenges in all criminal cases
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Federal Defense: James Lee Bright for federal prosecution of bank robbery and other federal theft offenses
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If you are facing theft, robbery, or burglary charges in Texas, understanding the exact charge and its implications is critical. Contact Deandra Grant Law at (214) 225-7117 or visit texasdwisite.com for a free, confidential consultation with an experienced defense attorney who will explain your charges, evaluate the evidence, and fight for the best possible outcome.

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

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

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

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

- P. Williams

- M. Haley

- N. Coulter

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Download Our Free Texas Criminal Guide

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

Theft (Texas Penal Code §31.03)

Related Videos

Robbery (Texas Penal Code §29.02)

Aggravated Robbery (Texas Penal Code §29.03)

Burglary (Texas Penal Code §30.02)

Key Differences at a Glance

Related Blogs

Robbery Sentencing Guidelines in Texas What Defendants Should Know

Armed Robbery vs. Unarmed Robbery: Implications for Charges and Sentencing

Why the Charge Classification Matters

Why Choose Deandra Grant Law

Contact Us

Client Reviews

N. Coulter

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