In Texas, robbery is a crime committed against another person. It means someone has taken or threatened to take something that belongs to them.

Burglary applies to buildings, vehicles, or other structures. Human interaction isn’t necessarily involved. A suspect enters a building intending to commit a crime. The suspect doesn’t necessarily have to break in. They can be charged with burglary even if they enter a building legally and walk out with an item that isn’t theirs.

Penalties for burglary and robbery can be severe, and some infractions – like home invasions – are considered both burglary and robbery. In those cases, the police could charge you with both.

Here’s a comparison of the key differences.

Table: Burglary vs. Robbery

	Robbery	Burglary of a Building
Classification	Felony	Felony
You must enter a building, or other structure intending to commit a crime	No	Yes
Is the victim present?	Yes	Doesn’t matter
Is theft required?	Yes	No
Is the use of fear or force required?	Yes	No
Do you have to be armed?	Not necessarily	Not necessarily
Is it considered a violent crime?	Yes	Not always
Example	Someone takes your wallet directly from you by threatening you with physical harm	You come home from work to find an open door, and some of your belongings are missing

Burglary

Texas Penal Code 30.02 defines burglary as an offense where a suspect enters a building or structure without the owner’s consent, intending to commit a felony, theft, or assault. This crime can occur even if the entry is through an open door or window.

For example, if someone leaves a car window in a public parking lot, reaching in and taking an item from the car while the owner is away could be considered burglary of a vehicle, which is a Class A Misdemeanor.

• Residential burglary: These involve entering a home, residence, hotel room, or motor vehicle without permission
• Commercial burglary: A perpetrator enters a business outside of normal business hours
• No use of force required: Even if you walk freely into a building, it can be considered burglary
• Intent to commit a crime: The suspect must intend to commit a crime once inside the building, even if no crime takes place
• No threat or violence needed: Unlike robbery, you can be charged with burglary even if no threats are issued
• Timing: Historically, burglary was only considered a nighttime crime. Most states have removed this element, and now, burglary can occur at any time of the day

Texas crime statistics show that burglary charges are far more common than robbery charges.

Burglary Penalties

Penalties will depend on the structure involved, the suspect’s intent when entering the building, what — if anything — is taken, and what happens while inside the structure.

• Vehicle: This is a Class A misdemeanor punishable by up to 1 year in jail. If the defendant has been convicted of this crime at least twice before, it can be enhanced to a State Jail Felony, which has a maximum jail sentence of 2 years.
• Building (not a habitation): This is a felony charge that can carry up to ten years in prison and a $10,000 fine.
• Habitation: Breaking into someone’s personal property (including non-traditional residences such as tents) to commit theft is punishable by up to 20 years in prison and up to a $10,000 fine.
• Habitation (other than theft): If a perpetrator causes serious bodily injury, uses or shows a deadly weapon, or threatens Someone with imminent bodily injury or death, it is considered a first-degree felony punishable by a maximum sentence of life in prison and a $10,000 fine.

Robbery

Texas Penal Code 29.02 states that robbery occurs when, during the course of committing a theft, a suspect:

• Recklessly, knowingly, or intentionally injures someone
• Threatens someone with bodily injury or death
• Robbery does not require unlawfully entering a building. If police determine that a suspect broke into a building or structure, the suspect will be charged with robbery and burglary

Robbery Penalties

Penalties for robbery will depend on the circumstances, what is taken, whether someone is injured, and whether weapons are involved.

• Robbery: This is punishable with up to 20 years in prison and up to a $10,000 fine.
• Aggravated Robbery: If a perpetrator causes serious bodily injury, uses or shows a deadly weapon, or threatens someone with imminent bodily injury or death, it is considered a first-degree felony punishable by a maximum sentence of life in prison and a fine of up to $10,000 in prison.

Statistics: Comparing Burglary and Robbery

Statistics show that burglary charges are far more common in Texas than robbery, though both have declined over the past five years.

	Robbery	Burglary
2018	28,273	117,513
2019	28,854	112,405
2020	26,750	108,015
2021	22,320	95,800
2022	21,123	100,302
2021-2022 % Change	-5.36%	4.70%
2018-2022 % Change	-25.29%	-14.65%

However, since 2020, the trend has been reversed in major cities, and robbery has been more prevalent. According to court data, 6,690 burglary charges were reported in Texas’ five largest counties in 2023, compared to 7,369 robbery charges.

READ MORE: Burglary statistics

Robbery and Burglary Differ from Theft

Theft, burglary, and robbery all involve illegally taking property, but they differ due to the circumstances under which they occur.

• Theft: Taking property without the owner’s consent without the use of force or threat, and the victim may not be present.
• Burglary: Requires entering a building or structure intending to commit a crime while inside. It does not require direct interaction with a victim
• Robbery: Taking property from a person through the use of force or intimidation – the victim is directly involved and aware of the crime

READ MORE: Types of crimes

Legal Defense

Burglary and robbery are serious allegations. If you’ve been arrested and charged with either infraction, it’s important to consult us as soon as possible.

Our No. 1 goal is to get the case against you dismissed, but if that’s not possible, we will work to reduce your burglary, robbery or theft charges to lesser offenses such as petty theft, grand theft, or shoplifting.