Austin, TX Robbery, Burglary, Theft Defense Attorneys

Charged in Central Texas? Getting your life back starts with a call

Offenses involving stolen property are taken very seriously by the state of Texas. A conviction can result in severe consequences that affect your freedom, future, and reputation. At Botsford & Roark, we know the gravity of these charges and potential consequences.

That’s why we are dedicated to providing powerful legal guidance and criminal defense when you need it most. With decades of experience defending individuals throughout Texas, our theft defense attorneys are ready to protect your rights and fight for a favorable outcome.

If you were charged with theft, robbery, or burglary in Austin or another Central Texas community, contact us for a free case evaluation. We can explain the charges and penalties as well as how our law firm can help you.

Understanding robbery, burglary, and theft charges

In Texas law, robbery, burglary, and theft offenses have separate sets of elements and legal definitions. While all three involve stolen property, the charges are not interchangeable, and the penalties are distinct. Here’s an overview:

Robbery

• Robbery involves theft of property or anything of value with the intent to maintain control of the property and intentionally, knowingly, or recklessly causes bodily harm or threatens bodily harm to another. The severity of the charge depends on various factors, including the use of a weapon and the level of harm inflicted on the victim.
  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine
• Aggravated robbery is robbery that causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury to another person or threatens another person who is 65 years of age or older or disabled.
  • First degree felony
  • 5-99 years in prison, up to $10,000 fine

Burglary

• Burglary occurs when someone enters a building or property with the intent to commit theft, assault, or another felony. Even if no theft or assault occurs, the act of allegedly unlawfully entering a property with criminal intent is enough for a charge. The severity of the charge depends on where the incident occurred and extent of injuries. Burglary is a:
  • State jail felony, if committed in a building that is not a habitation (home)
  • Third degree felony, if committed in a commercial building containing controlled substances (pharmacy, clinic, hospital, nursing facility, warehouse, etc.) with the intent to commit theft of a controlled substance
  • Second degree felony, if committed in a habitation with the intent to commit a felony other than felony theft
• Burglary of vehicle occurs when, without the consent of the owner, an individual breaks into or enters a vehicle with the intent to commit a felony or theft.
  • Class A misdemeanor, up to 1 year in jail, $4,000 fine
  • Enhanced class A misdemeanor, if the individual has been previously convicted of this or a similar crime, 6-12 months in jail, up to $4,000 fine
  • State jail felony, if the individual has been convicted of this or a similar crime two or more previous times or the vehicle involved is a rail car, 180 days to 2 years in jail, up to $10,000 fine
  • Third degree felony, if the vehicle is for a wholesale prescription drug distributor and there was intent to commit theft of prescription drugs, 2-10 years in prison, up to $10,000 fine

Theft

• Theft is the taking of another's property without their consent. Theft crimes include false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property, and taking another person's property without their consent and with the intent to permanently deprive them of it, among other things. The severity of theft charges mostly depends on the value of the stolen property.
  • Class C misdemeanor, if the value of the stolen property is less than $100, up to $500 fine
  • Class B misdemeanor, if the value of the property is $100-$750, or the individual has been previously convicted of this or a similar crime, or the stolen property is a driver’s license, CDL, or state ID, up to 180 days in jail, $2,000 fine
  • Class A misdemeanor, if the value of the property is $750-$2,500, up to 1 year in jail, $4,000 fine
  • State jail felony, if the value is $2,500-$30,000 or the property was taken from a grave, firearm, election, less than $20,000 worth of aluminum, bronze, copper, or brass, a catalytic converter that may be replaced for less than $30,000, or the value is less than $2,500 and the individual has been convicted two or more times of this or similar crimes, 180 days to 2 years in jail, up to $10,000 fine
  • Third degree felony, if the value is $30,000-$150,000 or the property is controlled substances valued under $150,000 taken from a commercial building or vehicle, 2-10 years in prison, up to $10,000 fine
  • Second degree felony, if the value is $150,000-$300,000, 2-20 years in prison, up to $10,000 fine
  • First degree felony, if the value is $300,000 or more, 5-99 years in prison, up to $10,000 fine
• Theft of service is when an individual accepts service with the intent of avoiding payment for the service. Offense categories and penalties are similar to those for simple theft.
• Theft of trade secrets occurs when, without consent, an individual steals, copies, or communicates trade secrets, which may include the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value, and that the owner has taken measures to prevent from becoming available to persons other than those selected.
  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine

Other types of Texas theft charges include organized retail theft; unauthorized acquisition or transfer of certain financial information; cargo theft; theft of a petroleum product; mail theft; unauthorized possession of a catalytic converter; possession, manufacture, or distribution of certain instruments used to commit retail theft; manufacture, distribution, advertisement, tampering, sale or lease of multichannel video or information services device; tampering with identification numbers; unauthorized use or vehicle; and presumption for theft by check or similar sight order.

In addition, there are many aggravating factors that can increase the severity of a theft charge, such as the age of the victim or the nonprofit status of the building where a theft is committed.

Review your potential legal options with an experienced defense attorney

If you are facing robbery, burglary, or theft charges in Austin, Travis County, or anywhere in Central Texas, it's crucial to have a skilled and dedicated defense lawyer by your side. Botsford & Roark can provide the experienced legal guidance necessary to minimize damage and help you navigate the process with success.

With decades of experience practicing law in Central Texas, we have the resources, legal connections, knowledge and skills that get results. Don't leave your future to chance. Contact us to schedule a free and confidential case evaluation now.