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

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.

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

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.

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