Texas is known for being tough on crime, but it is also known for its careful definitions of what a crime is. Two different crimes might lead to the same result, but the methods used to carry them out can put them into different categories. The law does this so that lesser offenses, like theft, are not punished to the same extent as greater offenses, like robbery. By breaking offenses down into categories and establishing penalties based on those categories, Pearland, TX, aims to provide better justice for everyone in our rapidly growing community. 

If you have been charged with theft or robbery in Texas, call the Law Offices of Keith G. Allen, PLLC, today. 

What Happens When You Are Accused of a Crime?

When a person is accused of a crime, the state (or prosecution) tries to charge them with the most severe offense possible. They do this to make sure that violators are punished harshly and that they don’t repeat their crimes in the future. The job of the defense is to either argue that their client did not commit the crime or that the charge is too severe. 

Basically, if you were charged with robbery, we want to argue that what you actually committed was theft. This not only reduces your sentence but also keeps the Texas justice system fair for regular people who just made a mistake.  

So, if you’re accused of one of these crimes, you need an experienced defense attorney who will fight for your rights. If we can tell your side of the story, we may reduce the charges against you. 

Legal Definitions: Theft Vs. Robbery

Under Texas law, theft is defined as illegally taking property away from the owner. It could range from shoplifting a small item from the supermarket to embezzling large amounts of money from a corporation. Robbery, on the other hand, is considered a more severe charge. It involves committing theft while causing or threatening to cause bodily injury to another person. 

It involves a lot of legal jargon, but if you hurt someone while taking something, it’s robbery. Even if you just tell someone that you will hurt them if they don’t let you take something, it’s robbery. The charge of theft may be added as well, and its category will be based on how much the property is worth. 

An easy way to think of it is if someone pockets a smartphone from an electronics store, that’s theft. But if he punches the manager and grabs the phone, it becomes a robbery.

Categories and Penalties: Theft Vs Robbery

In Texas, the categories and penalties for theft offenses are based on the dollar value of the stolen property. The different levels are:

• Class C Misdemeanor: The value of the stolen property is less than $100. The penalty can include a fine of up to $500.

• Class B Misdemeanor: The value of the stolen property is $100 or more but less than $750. Conviction can result in up to 180 days in jail and a fine of up to $2,000.

• Class A Misdemeanor: The value of the stolen property is $750 or more but less than $2,500. Penalties may include a jail sentence of up to one year and a fine of up to $4,000.

• State Jail Felony: The stolen property value is above $2,500 but less than $30,000. This can result in 180 days to two years in state jail and a fine of up to $10,000.

The felony charges increase from there, and the penalties for them get worse and worse. The penalty for a third-degree felony can be two to ten years in prison, while a first-degree felony can put you there for the rest of your life. The important thing to remember is that certain factors, like violence, can make the charge more severe. When violence is involved in theft, it is called robbery:

• Robbery (Texas Penal Code Sec. 29.02) is defined as committing theft and either causing bodily injury to another person or threatening to. Robbery is a second-degree felony in Texas, carrying a penalty of two to twenty years in state prison and a fine of up to $10,000.

• Robbery is considered Aggravated Robbery (Texas Penal Code Sec. 29.03) if the person caused serious bodily injury to another person. They could also have used, or threatened to use, a deadly weapon or committed the crime against someone who is 65 or older or disabled. 

The important thing to remember is the use of force or intimidation is what makes it robbery. Also, the severity of the robbery charge will increase if there is a deadly weapon or a vulnerable person is harmed.

Dense Strategies for Theft and Robbery 

In real-world cases, the difference between theft and robbery can influence the strategies used in their defense. For example, if someone is accused of stealing a purse, it is important to prove that no force or intimidation was used to steal it. This can be done by examining what the police or victims say happened and whether they have the evidence to prove it. Then, we investigate your side of the story and find the evidence that supports it. 

Successful defense strategies for theft or robbery charges usually hinge on the specifics of each case. For theft, a common defense is proving a lack of intent to steal. For robbery, we might argue that there was no force or threat involved. In some cases, mistaken identity or alibi evidence can be crucial. Either way, we would carefully examine surveillance footage, witness statements, and other important evidence to build a defense that benefits you the most. 

Call the Best in Criminal Defense 

The Law Offices of Keith G. Allen, PLLC, can help if you are dealing with criminal charges. If you’ve been charged with theft or robbery in Brazoria County, call (832) 230-0075 today.