Theft, Burglary, and Robbery in Texas

Theft, burglary, and robbery are serious criminal offenses in Texas, each carrying distinct legal definitions and consequences. To navigate these complex charges effectively, it’s essential to understand the nuances of the law and recognize the critical role played by a competent criminal defense attorney.

Theft, Burglary, and Robbery: Different Offenses Defined

1. Theft

Theft refers to the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. Theft can range from shoplifting to embezzlement and carries penalties that vary based on the value of the stolen property and who the alleged victim is.

2. Burglary

Burglary involves unlawfully entering a building, habitation, or other structures with the intent to commit theft, assault, or another felony. It is important to note that actual theft does not need to occur for a burglary charge. The mere act of unlawfully entering a structure with criminal intent constitutes the offense.

3. Robbery

Robbery is a more severe offense that occurs when a person uses force, threats, or intimidation to take property from another person. Unlike theft, robbery involves direct confrontation and the use or threat of violence.

Penalties for Theft, Burglary, and Robbery in Texas

The penalties for these offenses in Texas can be substantial, and they depend on various factors, including the value of stolen property, whether a weapon was used, and the presence of aggravating circumstances. Here’s an overview of potential penalties:


Class C Misdemeanor: For theft of property valued under $100, punishable by a fine of up to $500.
Class B Misdemeanor: For theft of property valued between $100 and $750, punishable by up to 180 days in jail and a fine of up to $2,000.
Class A Misdemeanor: For theft of property valued between $750 and $2,500, punishable by up to one year in jail and a fine of up to $4,000.
Felony Theft: For theft of property valued at $2,500 or more, penalties can range from state jail felony to first-degree felony, with imprisonment ranging from 180 days to life in prison, along with significant fines.


Burglary of a Building: Generally considered a state jail felony, punishable by 180 days to 2 years in state jail and fines of up to $10,000.
Burglary of a Habitation: This is typically a second-degree felony, carrying penalties of 2 to 20 years in prison and fines of up to $10,000.
Aggravated Burglary: Penalties may increase if a person was present in the habitation or if a weapon was used.


Second-Degree Felony: Penalties for robbery in Texas generally range from 2 to 20 years in prison and fines of up to $10,000.
Aggravated Robbery: If a deadly weapon is used or other aggravating factors are present, penalties can escalate to first-degree felony charges, resulting in 5 to 99 years in prison or life imprisonment.

Given the substantial consequences associated with theft, burglary, and robbery charges, it is imperative to seek the counsel of a criminal law defense attorney who has handled these types of cases.

Theft, burglary, and robbery charges in Texas are serious matters with potentially life-altering consequences. To mount an effective defense and protect your rights, it is crucial to secure the services of a criminal law defense attorney. With their expertise, you can navigate the complexities of the legal system, work toward achieving the best possible outcome for your case, and attempt to minimize the impact of these charges on your life.

The David Smith Law Firm, PLLC provides competent legal representation to all our clients. David Smith is an experienced trial attorney who is Board Certified, Criminal Law — Texas Board of Legal Specialization. The David Smith Law Firm, PLLC prides itself on principled, criminal law expertise coupled with zealous representation fighting for success for you. David Smith has extensive knowledge of the thet, burglary, and robbery laws in Brazoria County and Harris County, Texas.

As a resident of Texas, it is important to know about the Theft, Burglary, and Robbery laws.