What Is Robbery in Texas? | 2026 Legal Guide

In Texas, robbery occurs when, in the course of committing theft and with intent to obtain or maintain control of the property, a person either (1) intentionally, recklessly, or knowingly causes bodily injury to someone, or (2) intentionally or knowingly threatens or places another person in fear of imminent bodily injury or death.

People sometimes use the phrase "unarmed robbery" as informal shorthand for robbery when no deadly weapon is involved. But under Texas law, the statutory offense is simply robbery.

This second-degree felony is punishable by 2 to 20 years in prison and up to $10,000 in fines.

Legal Definition: Robbery in Texas

Stealing another person's property without violence or intimidation is usually charged as theft. But when bodily injury or threats of imminent bodily injury or death occur in the course of the theft, the offense elevates to robbery.

Under Texas Penal Code §29.02, a person commits robbery if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, that person either:

Intentionally, knowingly, or recklessly causes bodily injury to another person, or
Intentionally or knowingly threatens or places someone in fear of imminent bodily injury or death.

Because violence or intimidation is involved, robbery is treated as a felony offense and classified as a crime against a person—not just against property.

When Does Physical Contact or Threat Transform a Theft into Robbery?

If, in the course of committing theft, a person causes bodily injury or intentionally or knowingly threatens or places another person in fear of imminent bodily injury or death, the offense elevates from theft to robbery. The key element is that bodily injury or threat—not a weapon—is involved in the theft.

It's not just about taking someone else's property, but it's more about how the property was taken.

Why a Punch, Shove, or Threat Can Trigger Robbery Charges

A punch, shove, or threat against a person in the course of committing a theft changes the nature of the crime.

Under Texas law, "bodily injury" means any physical pain, illness, or impairment of physical condition. So, it can include minor injuries, like bruises and scratches, resulting from a punch or shove.

Is Robbery a Felony or Misdemeanor?

In most cases, robbery in Texas is a second-degree felony. But it can escalate to aggravated robbery, a first-degree felony, if the person:

Causes serious bodily injury;
Uses or exhibits a deadly weapon; or
Causes bodily injury to, threatens, or places in fear of imminent bodily injury or death someone who is 65+ or disabled.

What if the Robbery Involved a Deadly Weapon?

If a robbery involves a deadly weapon, the offense escalates to aggravated robbery under Texas Penal Code §29.03.

And when it elevates to aggravated robbery, it becomes a first-degree felony in Texas, which carries much harsher penalties than plain robbery. That's because deadly weapons increase the risk of serious bodily injury or death.

A deadly weapon doesn't necessarily mean a knife or gun. The term refers to any item that is capable of causing serious bodily injury or death in the manner of its use or intended use.

If the object, in the manner used, was capable of causing serious bodily injury or death, it may legally be considered a deadly weapon. Even if the weapon isn't actually used, it can still trigger the aggravated charge if the person used or exhibited it during the robbery.

Difference Between Robbery, Theft, and Burglary

Unlike burglary, robbery and theft can be committed anywhere, including stores, parking lots, or on the street.

Here's a quick comparison of robbery, theft, and burglary:

Offense	What Must Happen	Victim/Location	Bodily Injury or Threat Required
Robbery	Causing bodily injury, or intentionally or knowingly threatening or placing another person in fear of imminent bodily injury or death, in the course of committing theft	A person must always be involved	Yes
Theft	Intentionally taking another's property without consent	Property only — person or building not required	No
Burglary	Unlawful entry into (or remaining concealed in) a building or habitation with the intent to commit a felony, theft, or assault (or entering and then committing or attempting them)	Building/habitation — person may not be present	No

Theft is taking another's property without the owner's consent. With this offense, there is no bodily injury, threat, or violent element. For example, stealing a parked bicycle from the sidewalk is considered theft.

Robbery is theft plus violence or intimidation. It's always a crime against a person. An example would be forcing someone to hand over a wallet.

Burglary is the charge for unlawfully entering a building or habitation with intent to commit a felony, theft, or assault, remaining concealed there with that intent, or entering and then committing or attempting one of those offenses. It doesn't require confronting a person. For example, entering someone else's house (when no one's home) to steal jewelry is burglary.

Common Examples of Robbery

Once physical injury or threats are involved, theft can quickly become robbery, a second-degree felony that can include harsh sentencing exposure and significant prison time.

For example, a simple shoplifting case can turn into a robbery charge if the suspect pushes and harms a store clerk while trying to flee the scene.

Other real-world examples of Texas robbery law offenses include:

Threatening a convenience store cashier to hand over all the cash from the register (even if there's no weapon involved)
Snatching a purse and shoving the victim to the ground
Forcing someone to hand over their mobile phone while twisting their arm

Penalties for Robbery in Texas

The penalties for a robbery conviction in the state depend on the specific case, but they can include:

Prison Sentence	2 to 20 years
Fine	Up to $10,000
Community Supervision	Possible in some cases
Restitution	The court may order payments to victims

Note: Under the Texas Code of Criminal Procedure art. 42A.054, judge-ordered community supervision doesn't apply to aggravated robbery or to a felony case with a qualifying deadly-weapon finding.

How Does Robbery Affect a Criminal Record?

The offense can result in a permanent felony record that appears on background checks. Note that most employers and landlords check a person's criminal history before hiring or approving housing arrangements.

Convicted individuals may experience:

Difficulty securing employment
Barriers to housing approval
Professional licensing complications
Immigration risks

Generally, robbery convictions are not eligible for expunction. Nondisclosure may be available in some deferred adjudication or other qualifying situations, but eligibility depends on the specific statute, the case outcome, and the person's criminal history.

Elements the Prosecutor Must Prove in a Robbery Charge

For a robbery charge in Texas, prosecutors must establish that the person:

Was in the course of committing theft, including attempt or immediate flight;
Acted with intent to obtain or maintain control of the property; and
Either intentionally, recklessly, or knowingly caused bodily injury OR intentionally or knowingly threatened or placed another person in fear of imminent bodily injury or death

Possible Defense Strategies for a Robbery Charge

Credibility, surveillance footage, forensic evidence, and the interpretation of intent can often turn the outcome of a robbery case.

To counter a robbery charge, defense lawyers often use the following strategies:

Element Prosecutors Must Prove	Defense opportunities
Theft occurred	No intent to steal / property dispute
Bodily injury or threat of harm	No injury, exaggeration, or consent
Intentional, reckless, or knowing conduct	Accident or misunderstanding
The victim was placed in fear	No credible threat perceived
Identity of the suspect	Mistaken identity / unreliable witness

Other common legal defenses against a robbery charge may include:

Insufficient evidence
False accusation
Illegal search or arrest
Coercion or duress
Constitutional rights violations

Frequently Asked Questions

Can robbery charges be reduced?

Yes. Depending on the evidence, injuries involved, and the defendant's criminal record, robbery charges can sometimes be reduced.

Is robbery expungeable in Texas?

Most felony convictions don't qualify for expunction in Texas. Expunction generally depends on specific procedural outcomes like no final conviction, no pending charge, acquittal, pardon, and similar qualifying circumstances.

What if it's a first offense?

A first robbery offense is still a felony that carries severe consequences. However, judges may have more flexibility in sentencing depending on the circumstances and the person's background.

Charged with Robbery in Texas? Act Quickly.

A robbery charge is a serious felony that can carry years in prison. The decisions made in the first few days can significantly impact how your case is charged, negotiated, or defended.

At Michael & Associates, our Texas criminal defense attorneys handle robbery, aggravated robbery, theft, and other serious felony cases statewide. We know how prosecutors build these cases — and where they often fall apart.

If you've been charged, don't wait.

Sources: Michael & Associates research and internal records; Texas Department of Public Safety, Texas Penal Code, Texas Code of Criminal Procedure, Texas State Law Library

Statutory sources include:

Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published in March 2026 and has been reviewed for accuracy by the Michael & Associates research team and the attorneys.

What Is Robbery in Texas? Definition, Penalties, and Defense Strategies

Ben Michael

Legal Definition: Robbery in Texas

When Does Physical Contact or Threat Transform a Theft into Robbery?