While Texas does not have a specific definition of violent crimes, the Austin American Statesman shares that the FBI does, and robbery is included on the list. Very generally, violent crimes are those that involve force or the threat of force, and robbery qualifies. Robbery is charged as a felony, which makes it a very serious crime that carries very serious consequences.
If you are facing a robbery charge, it is time to consult with an experienced Killeen criminal defense attorney.
Robbery and Burglary Are Distinct Charges
While the terms burglary and robbery are often used interchangeably and while many people think they refer to the same crime, they are actually distinct charges. While robbery is directly related to theft, burglary often relates to theft – but does not necessarily.
Theft refers to appropriating – or taking – someone else’s property without their consent and with the intention of permanently depriving them of it. Taking or purchasing something that you know is stolen property is another form of theft.
Robbery
The charge of theft is elevated to the crime of robbery if – in the course of committing the theft – the accused intentionally, knowingly, or recklessly either causes someone else to suffer bodily harm or credibly threatens them with bodily injury or death. The charge is enhanced to aggravated robbery when one of the following applies:
The accused caused someone else to suffer serious bodily harm in the commission of the burglary.
The accused used or exhibited a deadly weapon in the commission of the burglary.
The accused caused the victim – who was an elderly or disabled person – to suffer bodily injury or to credibly fear being injured.
In essence, robbery is a theft offense with an additional element of physical violence or the threat of physical violence, which makes it a violent crime.
Four primary forms of robbery charges include the following:
Armed robbery, which involves the use of a deadly weapon – often a firearm – in the commission of the crime
Home invasion robbery, which involves unlawful entry into someone else’s home with the intention of committing a robbery and, therefore, includes the crime of burglary
Carjacking, which involves the theft of a vehicle by force or by threat of force
Bank robbery, which involves stealing from a bank or a similar establishment
Burglary
Burglary, on the other hand, involves entering a home or property to commit a crime, including theft. The charge of burglary applies in each of the following cases:
The accused enters a home or building that is not open to the public with the intention of committing theft, assault, or a felony of any kind.
The accused remains concealed in a home or building with the intention of committing theft, assault, or a felony of any kind.
The accused enters a home or building and, once inside, either commits or attempts to commit theft, assault, or a felony of any kind.
Burglary, in other words, can be summed up as entering a home or building that is not your own with the intention of committing a crime, such as theft. Burglary is classified as a property crime rather than a violent crime.
The Distinction
The distinction between these crimes is that theft is intentionally taking another person’s property without their permission for the purpose of keeping it. Robbery is the crime of harming someone or credibly threatening to harm them in the course of committing theft. And burglary involves unlawful entry of a building or home in order to commit a crime, such as theft.
While robbery involves another person, burglary involves a home or building. You can be charged with robbery for attempting to steal something from someone on the street, and you can be charged with burglary for entering an empty building with the intention of committing a crime like theft, but the charges can’t be flipped.
For Example
When a defendant approaches someone alone at night while brandishing a gun and demanding their valuables – leading to the victim complying out of fear – the charge of robbery applies even though the victim was not harmed.
If the same defendant breaks into the same victim’s empty home without damaging the home, hurting anyone in the process, or even finding anything of value to steal, the charge of burglary applies even though nothing was stolen in the process.
Deadly Weapons
The use or blandishment of a deadly weapon can enhance the charge against you, and while most people associate guns with deadly weapons, the term is broader than that. Texas defines a deadly weapon as anything that is designed to cause severe bodily injury or death or anything that can be used to cause severe bodily injury or death, which is a highly inclusive definition.
For example, if a motorist uses their vehicle to drive up on a sidewalk and hit a pedestrian, the car itself qualifies as a deadly weapon. Other examples of objects that can be classified as a deadly weapon for the purposes of criminal charges in Texas include all the following:
● A Knife
● A set of brass knuckles
● An ax or shank
● A length of rope
● A large rock
● A baseball bat
● One’s hands or feet
Basically, anything that can be used to cause serious harm can be identified as a deadly weapon.
Basic Fines and Penalties
The fines and penalties for both robbery and burglary are steep because they are violent crimes. Consider the following:
Burglary of a building that is not a home is a state jail felony that carries up to 2 years in jail and fines of up to $10,000.
Burglary of a home, on the other hand, is a second-degree felony that carries from 2 to 20 years in prison and fines of up to $10,000.
Non-theft burglary of a habitation is a first-degree felony that carries a sentence of from 5 years to life in prison and fines of to $10,000.
Robbery is a second-degree felony that carries 2 to 20 years in prison with fines of up to $10,000.
Aggravated robbery is a first-degree felony that carries a sentence of from 5 years to life and fines of up to $10,000.
The sentence for burglary without theft or without attempting theft can be harsher because it tends to support the intention of assault rather than theft. To make matters more challenging, burglary and robbery charges are often brought in tandem, making the charge and attendant penalties that much more serious.
Bringing Your Strongest Defense
If you are facing a robbery or burglary charge, bringing your strongest defense is critical, and for that, you need a skilled criminal defense attorney in your corner. Some of the most common and most effective defense strategies include the following:
Having a strong alibi, which means that you can prove you were elsewhere when the crime was committed, is a very effective defense.
Mistaken identity is another solid defense. Eyewitness identification is far less accurate than we have been led to believe, and simply because someone has identified you as the culprit does not make it so.
Another effective defense strategy is proving that you lacked the intent necessary for the charge of robbery or burglary to apply.
If you can demonstrate that you committed the crime in question under duress, such as if you were forced to do so by someone else, it can play an important role in your defense.
FAQ
You undoubtedly have questions if you’ve been charged with robbery or burglary – or both – and the answers to the questions asked most frequently by others in your situation can help.
Can I be charged with burglary if nothing was stolen?
Yes, you can face a burglary charge even if nothing was stolen. The charge of burglary relates to illegally entering a home or building with the intention of committing a crime – regardless of whether or not the crime of theft, or any other crime, actually occurs.
Are robbery and burglary both considered violent crimes?
Because robbery is a theft crime against a person that involves harm or the threat of harm, it’s a violent crime. Burglary, on the other hand, is a crime that’s committed against property, and it’s generally classified as a property crime – rather than a violent crime.
What is the difference between a robbery and a burglary charge?
The charge of robbery relates to taking someone else’s property from their person by use of force or threat of force. Burglary, on the other hand, involves unlawfully entering a home or building with the intention of committing a crime, such as theft.
What defense can I bring against a robbery or burglary charge?
While the charge against you will be unique to the involved circumstances, primary defense strategies include the following:
● You have an alibi.
● The victim has identified the wrong person.
● You lacked the intent necessary for a charge of robbery or burglary to apply.
● You were coerced through use of force or threat of force into committing the crime.
What do I need to know if I’m charged with either robbery or burglary?
The most important points to keep in mind if you are charged with any crime include the following:
You have the right to remain silent, and it is always in your best interest to invoke this right.
You have the right to an attorney, and the sooner you have trusted legal guidance in your corner, the better off you’ll be.
These represent your Miranda rights – which you are very likely acquainted with from police procedurals on TV – and they are of critical importance when it comes to criminal charges.
What role does a criminal defense attorney play?
One of the most important steps you can take in the face of a criminal charge, such as robbery or burglary, is consulting with a seasoned criminal defense attorney early in the process. Your attorney will ably tackle all the following tasks in defense of your legal rights and in pursuit of your case’s most favorable resolution:
Guiding you through the challenging process and helping to ensure that you avoid the common pitfalls that can weaken your defense
Gathering the available evidence, including that held by the police and prosecution, and using it to build a solid defense that supports an optimal outcome
Entering skilled negotiations with the prosecution in pursuit of an advantageous plea deal that diminishes the charge against you or the penalties you face – barring having the charge dropped altogether
Being well prepared to take your case to court when it’s deemed the best course of action in your specific circumstances
Consult with an Experienced Killeen Criminal Defense Attorney for the Help You Need
If you are facing a criminal charge, it’s a serious matter, and bringing your strongest defense from the outset is paramount. Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable criminal defense attorney who dedicates his imposing practice to skillfully guiding challenging cases like yours toward advantageous conclusions.
Our accomplished legal team is on your side and here to help, so please don’t wait to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do for you today.