Cofer Luster Criminal Defense Lawyers | July 14, 2025 | Criminal Defense

Burglary vs. Robbery in Texas – What’s The Difference?

Burglary and robbery are two separate crimes under Texas law, though people often use the terms interchangeably. Both involve theft or the intent to commit theft, but the circumstances and legal definitions behind each offense are quite different.

If you’re facing either of these charges or simply trying to understand what they mean, it’s important to know how Texas law draws the line between them. The difference matters, especially when it comes to the penalties you could face.

What Is Burglary in Texas?

Burglary is defined in the Texas Penal Code Section 30.02. In simple terms, burglary occurs when someone unlawfully enters a building or structure with the intent to commit a felony, theft, or assault. The key element is the act of entering without permission, even if no theft actually takes place.

You can be charged with burglary even if you don’t steal anything. For example, if you break into a house with the intent to assault someone or damage property, that may qualify as burglary under state law. It also doesn’t matter whether the building is occupied at the time.

Burglary can be charged as a:

  • State jail felony if the building is not a home or place of residence
  • Second-degree felony if the property is a home or someone’s living space
  • First-degree felony if the offender enters a home and commits or attempts to commit another serious crime, like assault or sexual assault

The more serious the setting or crime involved, the steeper the penalties.

What Is Robbery in Texas?

Robbery is addressed under Texas Penal Code Section 29.02. Unlike burglary, robbery involves direct interaction with a victim. The law defines robbery as using force or threats of force while committing theft. That means if someone causes bodily injury or places another person in fear of harm during a theft, it becomes robbery.

Robbery doesn’t require entering a building or breaking in. It can happen anywhere, such as a street, store, or parking lot. The central factor is the use or threat of violence to take something.

Robbery is typically a second-degree felony. However, if the crime involves serious injury, use of a weapon, or if the victim is elderly or disabled, it can be charged as aggravated robbery, which is a first-degree felony with much harsher consequences.

Burglary vs. Robbery in the State of Texas

The penalties for burglary and robbery are not the same, and the legal strategy to defend each charge may be completely different. Burglary focuses more on intent and unauthorized entry, while robbery is based on violence or intimidation during a theft. You could be accused of burglary even if no one else was present, while robbery always involves another person.

Because robbery includes an element of force, it is generally seen as a more serious offense. However, both crimes can carry prison time, hefty fines, and a permanent criminal record. A felony conviction can also limit your future job opportunities, housing options, and more.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102