What Are the Differences Between Theft, Robbery, and Aggravated Robbery in Texas?
The act of stealing has many facets under Texas law, and those who do so can be on the receiving end of felony charges, depending on how the property in question was taken from another person. Theft, robbery, and aggravated robbery are all property crimes in Texas, and simply taking something that doesn’t belong to you is unlawful. However, if the item has a value over a certain dollar amount or you threatened or physically harmed someone in order to take it away from them, you could be looking at prison time if you’re convicted.
In this article, we’ll look at the differences between these charges and what to do if you’ve been arrested.
What Is Theft in Texas?
In order to be charged with theft, your crime must meet three conditions:
1. You took the property without the owner’s permission.
2. You removed it from its proper location.
3. You took it and intended to take possession of it in perpetuity.
The property could be personal property like a car, electronics, or money in a bank account; real property like land or title to land; services like labor, accommodations, or utilities; retail property (shoplifting); trade secrets; theft by check; or cargo theft. It’s not enough to just to remove another person’s property in order to be charged with theft. You must do it with the intent of keeping it forever and you must have it in your possession for a few days or more.
The Penalties for Theft in Texas:
The severity of your theft charges in Texas depends on the amount you stole:
· Class C misdemeanor theft applies if the amount (which includes property or services) you stole is less than $100. This carries with it fines up to $500, but no jail time.
· Class B misdemeanor theft applies if the amount you stole (which includes property or services) was between $100 and $750, or what you stole was a driver’s license or ID card. This charge also applies to property under $100, but it’s your second or subsequent offense. This carries with it fines up to $2,000 and/or six months in prison.
· Class A misdemeanor theft applies if the amount you stole (which includes property or services) was between $750 and $2,500. This carries with it up to $4,000 in fines and/or a year in prison.
· State jail felony theft applies if the amount you stole is over $2,500 but less than $30,000, or the property is valued at less than $2,500 but it’s your third or subsequent offense, or if you stole the following:
o The contents of a grave or a human corpse
o A firearm
o An election ballot
o Metals
This carries with it up to $10,000 in fines and/or up to two years in prison. The penalty can increase to a third-degree felony if you used a deadly weapon while committing the crime or you’ve had a previous felony conviction.
· Third-degree felony theft applies if the amount you stole is over $30,000 but less than $150,000, the property is livestock valued at less than $150,000, or the property is a controlled substance stolen from a commercial building where it was legally stored. This carries with it up to $10,000 in fines and/or between two and 10 years in prison.
· Second-degree felony theft applies if the amount you stole is over $150,000 but less than $300,000 or the property is an ATM machine valued at less than $300,000. This carries with it up to $10,000 in fines and/or up to 20 years in prison.
· First-degree felony theft applies if the amount you stole is over $300,000. This carries with it up to $10,000 in fines and/or from five to 99 years in prison.
What Is Robbery in Texas?
Robbery could be called “aggravated theft” because it holds the same three conditions as theft, but has additional factors present in order to be considered robbery:
1. You took someone’s property from them directly.
2. You took it against their will.
3. You took it by intimidating them, forcing them, or threatening them, or you otherwise used violence.
You can be charged with simple robbery if you take property from someone and intentionally, knowingly, or recklessly cause them bodily harm or threaten them with bodily harm or death.
If you have a deadly weapon in your possession, (even without using it) like a knife or firearm—anything that can cause serious bodily injury, harm, or death—your charges could escalate to aggravated robbery.
The Penalties for Robbery in Texas
Penalties for simple robbery escalate when aggravating factors are present.
Simple robbery is a second-degree felony where you face punishment of up to $10,000 in fines and two to 10 years in prison
Aggravated robbery is a first-degree felony, which increases your punishment to five to 99 years or life in prison. Armed robbery is a type of aggravated robbery and punishment would fall under this charge.
Can I Get Probation If I’m Charged with Aggravated Robbery?
In rare cases, a jury can grant probation to an aggravated robbery convict. However, this window of opportunity only opens up if the person has had no felony charges in the past.
Recommended Read: Understanding Felony Theft In Texas
3. What Should Be My Next Course of Action?
If you’ve been charged with theft, robbery, or aggravated robbery, remember that you still have rights. Protect them by hiring an experienced criminal defense lawyer who can build a strong case on your behalf.
If you’re looking for a qualified and dedicated criminal defense attorney in the Greater Houston area, contact attorney JL Carpenter.
Known for her extensive track record, JL builds a aggressive cases for her clients. Her practice areas include DWI, drug possession, family violence, and domestic violence, among others.
Contact her team today. For more information, explore JL’s FAQs page. She represents clients in Friendswood, Clear Lake, and the surrounding areas.
Comments
Post a Comment