What Makes a Texas Robbery Charge More Serious Than Theft?

 Posted on March 14, 2026 in Theft

Theft and robbery might sound like variations of the same thing, but under Texas law, they are entirely different charges with very different consequences. The distinction comes down to one factor: the presence of a person and what happened during the encounter.

If you've been charged with robbery in 2026, you're facing something far more serious than a property crime. However, you do not have to face it alone. Our Houston, TX robbery defense lawyers can help you understand exactly what you're up against and how to fight it.

How Does Texas Law Define the Difference Between Theft and Robbery?

Theft, under Texas Penal Code § 31.03, is taking someone's property without their consent and with the intent to deprive them of it. It's a property crime. The severity depends on the value of what was taken.

Robbery is different. Under Texas Penal Code § 29.02, robbery occurs when a person commits theft and, in the course of doing so, intentionally or knowingly causes bodily injury to another person. It also applies when the person intentionally or knowingly threatens or places another person in fear of imminent bodily injury or death. That shift carries enormous legal consequences.

What Are the Penalties for Robbery in Texas?

A standard robbery charge in Texas is a second-degree felony. Under Texas Penal Code § 12.33, the offense carries a sentence of two to 20 years in prison and a fine up to $10,000. That alone is a significant exposure, but it can get worse depending on the circumstances.

A robbery conviction also means a permanent felony record, which can affect your ability to find work, secure housing, and own a firearm. These consequences follow you long after any sentence is served.

What Is Aggravated Robbery in Texas, and How Is It Different from Robbery?

If the circumstances of your case include certain factors, the charge can be elevated to aggravated robbery. Under Texas Penal Code § 29.03, that happens when a deadly weapon was used or displayed, when serious bodily injury occurred, or when the alleged victim was elderly (65 or older), disabled, or under 15 years old.

Aggravated robbery is a first-degree felony, which carries five to 99 years or life in prison, plus a fine up to $10,000. It's worth understanding that the presence of a weapon alone, even if no one was physically hurt, can be enough to push the charge to this level. That's a significant jump, and it's one of the reasons having a strong defense matters so much.

What Defenses Are Available in a Texas Robbery Case?

Being charged with robbery does not mean a conviction is inevitable. Several defenses may apply depending on the facts of your case:

• Mistaken identity: Eyewitness accounts are not always reliable, and if there is any question about whether the right person was charged, that needs to be examined closely.

• Lack of intent: Robbery requires intentional or knowing conduct. If the facts don't support that standard, the charge may not hold up.

• No threat or harm occurred: If the state can't establish that another person was threatened or injured in the course of the taking, the robbery element falls apart.

• False accusations: Robbery charges can sometimes stem from disputes or situations where the full context is missing or misrepresented.

The right defense depends entirely on what the evidence shows, which is why a thorough review of the facts matters so much.

What Should You Do After a Robbery Arrest in Texas?

One of the most important things you can do right now is avoid speaking to law enforcement without an attorney present. It's natural to want to explain yourself, but anything you say can be used against you. Robbery cases often come down to the details of what was said and done at the time of the alleged offense and immediately after.

The earlier you have legal help, the better position you're likely to be in. An attorney can review the evidence, track down witnesses, and start identifying weaknesses in the prosecution's case before things move any further.

Contact Our Houston, TX Theft Defense Attorneys Today

A robbery charge in Texas can have life-changing consequences. You need someone in your corner who knows how to fight these cases at the highest level. Attorney Doug Murphy is a veteran trial lawyer whose reputation speaks for itself. He has presented at more than 120 continuing legal education seminars across the country, a reflection of the respect his peers have for his knowledge and skill in the courtroom.

When the stakes are this high, experience matters. Contact our Houston robbery defense lawyers at Murphy & McKinney Law Firm, P.C. today. Call 713-229-8333 to schedule a consultation.