In Texas, both burglary and robbery charges can land a convicted offender in prison. But what differentiates between the two charges is substantial.
If you are facing criminal charges, the following information can be useful to your defense.
Burglary versus robbery
In simplest terms, burglary is a crime against someone else’s property, whereas robbery involves violence or threat of violence against people. But let’s do a deeper delve into the statutes.
Under Texas Penal Code 30.02, someone can be charged with burglary if they enter a home or other building without consent and for criminal purposes of assault, theft or another felonious act.
Burglary doesn’t require force
You may think of a typical burglary as someone smashing a window with a brick and entering. But force isn’t required. Someone can simply enter a home or building using an unlocked door and get arrested for burglary if someone accuses them of criminal intent, even if they took nothing.
Robbery charges are inherently more serious
Because robbery involves violence or the threat of violence, the Texas criminal courts take robbery charges very seriously. Under Texas Penal Code 29.02, robbery is charged if the offender, while stealing property, does one of the following recklessly or with knowledge and intent:
- Causes injury to another individual
- Places someone at risk of dying or suffering an imminent bodily injury or
So, while both offenses deal with theft, the ante is upped for robbery due to the threat of physical violence or an actual violent act.
What defendants should remember
Ignorance of the law is no defense to your charges — and it is never too soon to begin building a staunch defense to any potential charges that you may face here in southeast Texas.
