If you have been charged with robbery in Houston, Texas, call our office at 281-868-8352 or fill out a consultation request form. We answer phones 24/7.
ROBBERY DEFENSE ATTORNEY
Offenses of robbery, burglary, or theft range from class C misdemeanors all the way up to first degree felonies. If you have been charged with robbery, burglary, or theft, you must speak with an attorney who is prepared to fight your case at trial. These kinds of cases often come down to video evidence and witness testimony, and both require an aggressive defense attorney to attack the prosecution's evidence. As trial awaits, evidence is lost. For example, witnesses disappear and tangible evidence cannot be found. You need a criminal defense attorney dedicated to winning or dismissing your case by aggressively advocating that the prosecution can not prove their case. If you have been charged with robbery, burglary, or theft, call our office so we can help.
WHAT IS ROBBERY IN TEXAS?
Robbery can charged as either a second degree felony or a third degree felony, depending on the facts and circumstances of your case. In its most basic form, robbery is a second degree felony punishable by up to 20 years in prison and up to a $10,000 fine. When certain criteria are met, robbery becomes a first degree felony punishable by up to 99 years or life in prison and up to a $10,000 fine. Section 29 of the Texas Penal Code defines robbery:
Tex. Penal Code Ann. § 29.02 (Second Degree Felony)
Offense: Robbery
- (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
- (1) intentionally, knowingly, or recklessly causes bodily injury to another; or
- (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Tex. Penal Code Ann. § 29.03 (First Degree Felony)
Offense: Aggravated Robbery
- (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
- (1) causes serious bodily injury to another;
- (2) uses or exhibits a deadly weapon; or
- (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
- (A) 65 years of age or older; or
- (B) a disabled person.
WHAT IS BURGLARY IN TEXAS?
Burglary can be charged as a class A misdemeanor all the way up to a first degree felony. The offense will be charged according to the type of property the defendant allegedly entered. For example, if the defendant allegedly enters a vehicle, the offense is a class A misdemeanor. However, if the defendant allegedly enters a habitation, it could be charged as a second degree or first degree felony depending on the facts and circumstances of the case.
Tex. Penal Code Ann. § 30.02
Offense: Burglary
- (a) A person commits an offense if, without the effective consent of the owner, the person:
- (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
- (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
- (b) For purposes of this section, “enter” means to intrude:
- (1) any part of the body; or
- (2) any physical object connected with the body.
Types of Burglary in Texas
- Burglary of a vehicle (class A misdemeanor)
- Burglary of a vehicle with a previous conviction (state-jail felony)
- Burglary of a vehicle with intent to steal drugs from wholesaler (third degree felony)
- Burglary of a building other than a habitation (state-jail felony)
- Burglary of a habitation (second degree felony)
- Burglary of a habitation with intent to to commit another felony (first degree felony)
WHAT IS THEFT IN TEXAS?
Theft can be charged as a class C misdemeanor all the way up to a first degree felony. The offense will be charged according to the amount of property the defendant allegedly took. For example, if the defendant is said to have allegedly stolen property valued less than $100, the offense is a class C misdemeanor punishable by up to a $500 fine. If the defendant is said to have allegedly stolen property valued more than $300,000, the offense is a first degree felony punishable by up to 99 years or life in prison and up to a $10,000 fine. Section 31 of the Texas Penal Code provides the definition for theft:
Penal Code § 31.03
Offense: Theft
- (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
- (b) Appropriation of property is unlawful if:
- (1) it is without the owner's effective consent;
- (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
- (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Types of Theft in Texas
- Theft of property valued more than $100 (Class C misdemeanor)
- Theft of property valued more than $100 but less than $750 (Class B misdemeanor)
- Theft of property valued less than $100 with previous conviction (Class B misdemeanor)
- Theft of driver's license or personal ID (Class B misdemeanor)
- Theft of property valued more than $750 but less than $2,500 (Class A misdemeanor)
- Theft of property valued more than $2,500 but less than $30,000 (State-jail felony)
- Theft valued less than $2,500 with 2 previous convictions of theft (State-jail felony)
- Theft of property valued more than $30,000 but less than $150,000 (Third degree felony)
- Theft of property valued more than $300,000 (First degree felony)