Unarmed robbery in Texas refers to the crime of taking someone else's property while using force or threats of force, but without using a deadly weapon.
It occurs when a person commits theft while:
- Intentionally, knowingly, or recklessly causing bodily injury to another, or
- Intentionally or knowingly threatening or placing another in fear of imminent bodily injury or death
It is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines.
Definition: Unarmed Robbery in Texas (aka Robbery)
In Texas, "unarmed robbery" is not an actual legal term. The correct statutory term is simply robbery, as defined under Texas Penal Code §29.02. But people use the phrase "unarmed robbery" to clarify that no deadly weapon was used. This helps distinguish it from aggravated or armed robbery.
Under §29.02, robbery occurs when a person commits theft under §31.03 and, in the course of committing that theft, either (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.
In short, robbery is theft plus the use of force or fear. What elevates the offense is not the value of the property, but the use or threat of violence during the taking.
Texas reported 15,057 robbery offenses in 2023, according to statewide data from the Texas Department of Public Safety.
See Related: What Is Robbery in Texas?
Is Unarmed Robbery a Felony or Misdemeanor?
Even without a weapon involved, unarmed robbery is a serious offense and is considered a second-degree felony in Texas. It's significantly more grave than theft.
But compared to aggravated robbery (Texas Penal Code §29.03), which is a first-degree felony, unarmed robbery carries lesser sentencing exposure and generally less severe collateral consequences.
Armed vs. Unarmed Robbery
The primary difference between armed and unarmed robbery is the presence of a deadly weapon.
An unarmed robbery does not involve a deadly weapon. There is no firearm, knife, or other object used or displayed in a way capable of causing death or serious bodily injury.
However, the absence of a weapon does not make the offense a misdemeanor. Even without a gun or knife, pushing someone, striking them, or threatening immediate harm during a theft elevates the offense from theft to felony robbery.
Theft vs. Robbery vs. Aggravated Robbery in Texas
Here's a quick comparison of the three charges:
|
Theft |
Robbery (Unarmed) |
Aggravated Robbery |
|
|
Force/Threat required |
No |
Yes |
Yes |
|
Weapon required |
No |
No |
Not always (deadly weapon OR serious bodily injury OR elderly/disabled victim) |
|
Injury required |
No |
Bodily injury or threat of imminent injury |
Not required (can qualify based on weapon, serious injury, or victim status) |
|
Felony level |
Class C misdemeanor to first-degree felony |
Second-degree felony |
First-degree felony |
|
Prison range |
Fine-only to 5–99 years (depending on value and enhancements) |
2 to 20 years |
5 to 99 years (or life in prison) |
|
Fine |
Up to $10,000 (felony cases; lower for misdemeanors) |
Up to $10,000 |
Up to $10,000 |
Note: Burglary differs from theft and robbery, as it involves unlawfully entering a building with the intent to commit a felony, theft, or assault. While robbery focuses on violence or threat, burglary involves unlawful entry.
Common Examples of Robbery
Real-world examples that Texas courts would consider as unarmed robbery include:
- Snatching someone’s purse and pushing them while running away from the scene.
- Forcing someone to hand over a phone by threatening to hit them, but without using a weapon.
- Taking cash from a register while yelling threats that put an employee in fear of immediate harm.
- Shoving or hitting someone to take their wallet or other personal belongings.
In all of the examples above, the use or threat of force against the victim turns simple theft into robbery under Texas law.
Possible Defense Strategies for an Unarmed Robbery Charge
If you're charged with robbery, you'll need a good criminal defense attorney on your side. Prosecutors will do everything to prove that what occurred is not just theft, but that you intentionally threatened or harmed someone during the commission of theft.
Defense strategies often focus on breaking one or more of those elements. For example, here are some potential defense strategies:
|
Element Prosecutors Must Prove |
Common Defense |
|
Theft occurred |
No intent to steal / property dispute |
|
Injury or threat |
No injury or threat occurred, or there was consent |
|
Intentional or knowing conduct |
Accident or misunderstanding |
|
Force or threat during theft |
Timing was not during the course of committing the theft |
|
Identity of the suspect |
Mistaken identity / unreliable witness |
Other common legal defenses may include:
- Lack of intent: Robbery requires intentional or knowing conduct tied to the theft.
- Insufficient evidence: Weak surveillance footage, inconsistent witness statements, or lack of physical evidence.
- Illegal search or arrest: Constitutional violations during the arrest or search.
- Coercion or duress: The accused acted under threat from another party.
- Self-defense: In rare cases, force may have been defensive rather than offensive.
Your criminal defense lawyer can also negotiate for a reduced charge, such as simple theft or assault.
Frequently Asked Questions
How Does Unarmed Robbery Affect a Criminal Record?
A conviction of robbery will leave a permanent felony conviction on your record. It can:
- Result in disqualifications from certain professional licenses
- Show up on background checks (for job applications or housing)
- Affect immigration status or naturalization eligibility
- Limit opportunities for educational and financial aid
Does snatching property count as robbery?
It depends on the circumstances. If there's no contact or harm involved, snatching may be charged as theft. But if there's pushing, shoving, or other physical contact that causes injury during the snatching, it elevates from theft to robbery.
Is force required or just fear?
Either force or fear is sufficient for a robbery charge. Even without physical force, if you threaten someone or place them in fear of imminent bodily injury or death during the theft, that's robbery.
What if no one is injured during the robbery?
You can still be charged with robbery even if no one is physically injured. If you threatened someone or placed them in fear of imminent bodily injury or death during a theft, the threat alone is sufficient for a robbery charge under Texas law.
Can unarmed robbery charges be reduced?
Yes. In some cases, robbery charges can be reduced depending on the strength of the evidence and the circumstances of the case.
What if it’s a first offense?
A first offense still carries second-degree felony exposure. But if the facts of the case support leniency, a first-time offender may have a stronger chance of probation or reduced sentencing.
Is unarmed robbery expungeable in Texas?
No, a robbery conviction is generally not eligible for expunction under Texas law. But if the case was dismissed, resulted in an acquittal, or qualifies for deferred adjudication sealing under limited conditions, a criminal defense attorney may be able to pursue record relief options.
Talk to a Texas Criminal Defense Lawyer
Being charged with unarmed robbery in Texas is a serious felony offense. It can lead to years in prison, steep fines, and a permanent criminal record if not handled properly.
Having an experienced defense attorney review your case early can make a significant difference in how the charges are handled. You'll also know what options may be available to you.
Michael & Associates is a Texas-based criminal defense firm with offices throughout Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our attorneys defend clients facing robbery, theft, assault, DWI, drug charges, and many other criminal offenses.
Contact us today to schedule a free case review.
Sources: Michael & Associates research, Texas Penal Code, Texas Code of Criminal Procedure, Texas Department of Public Safety.
Statutory Sources:
https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=29.03
https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.29&artSec=29.02
https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.03
