Overview

If you’ve been charged with theft, burglary, or robbery in Texas, you’re facing more than just a criminal record; you’re facing a permanent reputation as a thief or violent offender, years in prison, and a lifetime of consequences that don’t go away.

What’s the Difference Between Theft, Burglary & Robbery in Texas?

Theft (Penal Code § 31.03)
– Taking someone else’s property without their consent and intending to keep it. This includes shoplifting, embezzlement, and fraud.
– Penalties range from a Class C misdemeanor (under $100) to a first-degree felony (over $300,000).
– Even a petty theft can destroy your job prospects, housing options, and future. Don’t ignore it.

Burglary (Penal Code § 30.02)
– Entering a building or habitation without permission with intent to commit a felony, theft, or assault inside.
– Even walking into an open garage or unlocked home can be charged as burglary of a habitation—a second-degree felony with 2 to 20 years in prison.
– If it’s a business, you’re looking at a third-degree felony. If it’s a home, the stakes are even higher.

Robbery (Penal Code § 29.02)
– Theft + force, threats, or bodily injury.
– This is a violent felony, even if no weapon was used.
– If a weapon was involved, you’re looking at Aggravated Robbery (Penal Code § 29.03) — a first-degree felony punishable by 5 to 99 years or life.

Common Defense Strategies in Theft-Related Charges

• Mistaken identity – You weren’t the person on camera or at the scene.

• Lack of intent – You didn’t intend to steal; it was a misunderstanding or a civil dispute.

• No entry with intent – For burglary charges, the state must prove you entered with a specific criminal intent.

• Duress or coercion – Someone else forced or manipulated you into participating.

• Illegal search or seizure – If the property was “found” after an illegal search, we’ll move to suppress it.

• Property was abandoned or not clearly owned by someone else – This can dismantle the “theft” element.

If you’re accused of theft, burglary, or robbery, the state may throw in enhancement charges (like engaging in organized criminal activity).

I’ve defended clients who:

• Were accused of burglary but never entered the home

• Were charged with robbery after a shoplifting case where a clerk claimed they “felt threatened”

• Were tied to a theft ring based only on text messages or GPS data

• Confessed after hours of pressure with no lawyer present

If you’re dealing wth something like this, call me before you say another word to anyone.

Call me at (361) 648-1759 for your free phone or in-person consultation.