Houston Robbery & Burglary Lawyer
Defending Serious Felony Theft Charges in Houston and Harris County.
In the Texas legal system, robbery is defined as the act of stealing from a person, and burglary is defined as the act of stealing from a habitation, business, or automobile. These are serious criminal charges that can be considered either a misdemeanor or felony crime, depending on many factors, but most robbery and many burglary charges are felonies with severe consequences.
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If you’ve been charged with robbery or burglary in Houston or Harris County, it’s important to remember that you’re innocent until proven guilty. However, a conviction could result in hefty fines, significant prison time, and a permanent criminal record that can make it difficult for you to get a job, loan, or housing. Texas law enforcement personnel, including judges and district attorneys view misdemeanor burglary of a motor vehicle as a gateway crime to higher levels of burglary.
The Houston Robbery and Burglary Attorney you choose to represent you at this time is one of the most important decisions of your life. You need an attorney who is well-versed in criminal defense and understands how the prosecution will build its case against you.
Understanding Robbery Charges in Texas
When most people think of a robbery, they imagine a scene from the movies in which a bad guy goes into a bank, points a gun at the teller, and demands money. While this certainly qualifies, in Texas, robbery also includes behavior that many would see as more minor crimes, such as pushing a woman down and grabbing her purse, as long as certain elements are met.
Elements of Robbery
There are two elements that must be present in order for a crime to be considered robbery under Texas law:
- Something stolen from a “person or presence”, and
- The use of force or violence
The first element means that the robber took the item directly from or in the presence of the owner. An example of stealing from a person would be physically taking someone’s wallet from them. An example of stealing in someone’s presence could be a robber locking a store clerk in a backroom, then taking money from the cash register. The victim is nearby while the crime is being committed, but the robber is not taking directly from the victim.
The second element that must be present is the use or threat of force during the commission of the theft. This can include:
- Hitting, kicking, pushing, grabbing or using any other physical force against the victim.
- Grabbing the property away from the victim.
- Threatening the victim.
- Putting the victim in fear of bodily harm.
A robber does not necessarily have to cause physical harm or explicitly say they will hurt you to fulfill this requirement. A person who points to his pocket to imply he has a weapon, for example, would qualify as a threat of violence.
Understanding Burglary Charges in Texas
In the Texas legal system, burglary is defined as the act of stealing from a habitation, business, or automobile. Unlike robbery, burglary does not require the use of force or violence against a person. Instead, it focuses on the unlawful entry into a structure with a specific intent.
Elements of Burglary
There are two elements of a crime that must be present for it to qualify as burglary under Texas law:
- Unlawfully entering or staying in a structure
- Intending to commit a felony, theft, or assault inside
For a conviction, the prosecution must prove that these two elements were present. The intended crime does not need to be committed, but the intention to commit it must be proved at the time of entry or remaining.
Types of Structures & Unlawful Entry
Unlawfully entering: This can include one of two things — either breaking into a structure you don’t have permission to enter, or staying in a property after the time you were allowed to be there has passed. The structure could be a home, a business, a car, or any other type of structure, whether private or public property.
An example of unlawfully entering a structure would be breaking a window and entering someone else’s home. An example of unlawfully remaining in a structure would be going into Walmart during their hours of operation, then hiding somewhere until the store has closed so that you can steal merchandise.
Intent to Commit a Crime Inside
Intention to commit a felony, theft or assault is an element of burglary that refers to the person’s state of mind when he or she entered or remained in the structure. The defendant must have planned to commit one of these crimes and entered or stayed in the structure for that purpose. The crime he or she intended to commit doesn’t have to be completed for it to be considered burglary.
For example, a person illegally enters someone else’s home for the purposes of stealing a television. Upon entering, the homeowner’s large dog scares the person away before he can actually take the TV. Even though he has not committed theft, he intended to — and therefore could be charged with burglary.
Criminal Trespass: Not the Same as Burglary
Criminal trespass is similar to burglary in that it involves intentionally entering private property without the owner’s consent. It can refer to acts such as entering a home, or being on someone’s private land without their permission. The crime differs significantly from burglary because it does not include the intention to commit a felony, theft or assault once inside the structure. Criminal trespass is a less severe charge than burglary.
Robbery & Burglary Penalties and Consequences in Texas
Robbery and burglary are serious crimes with significant potential penalties in Texas, prosecuted vigorously in Houston and Harris County. The severity of the punishment depends on the specific type of robbery or burglary charge.
Robbery Penalties
- Robbery: Generally a Second Degree Felony. Potential penalties: 2 to 20 years in prison and a fine of up to $10,000.
- Aggravated Robbery: A First Degree Felony. This occurs when, in addition to the elements of robbery, the defendant causes serious bodily injury OR uses or exhibits a deadly weapon OR causes injury/threatens injury or death to a person who is over 65 years old or disabled. Potential penalties: 5 to 99 years or Life in prison and up to $10,000 in fines.
Burglary Penalties
- Burglary of a Building (Not a Habitation): A State Jail Felony. Potential penalties: 180 days to 2 years in a state jail and a fine of up to $10,000.
- Burglary of a Habitation (Home Invasion): A Second Degree Felony. Potential penalties: 2 to 20 years in prison and fines up to $10,000. This includes breaking into vehicles used for overnight habitation (e.g., RVs).
- Burglary of a Vehicle: A Class A Misdemeanor. Potential penalties: up to a year in jail and fine of up to $4,000. This includes unlawfully inserting any body part or object connected to the body into a vehicle.
Criminal Trespass Penalties
- Criminal Trespass (General): A Class B Misdemeanor. Potential penalties: up to 180 days in jail and a fine of up to $2,000.
- Criminal Trespass (in a Habitation): A Class A Misdemeanor. Potential penalties: up to a year in jail and $4,000 in fines.
Long-Term Consequences
Beyond direct criminal penalties, a felony conviction for robbery or burglary carries severe, life-long consequences, including the loss of the right to vote and own firearms, difficulty finding employment and housing, and potential immigration issues.
Understand the potential penalties for your robbery or burglary charge. Contact a Houston attorney.
What to Do When Accused of Robbery or Burglary
If the police suspect you of committing a crime like robbery or burglary, they may ask you to come in for an “interview” to clear up your story. What you do and say in this situation is critically important.
Critical Steps When Contacted by Police
- Understand It’s an Interrogation, Not Just an Interview: They are looking for information that can be used against you.
- Know Your Rights: You have the right to remain silent and the right to an attorney. Use them.
- Do NOT Give a Statement: For many people who are innocent of the crime they’ve been accused of, the first instinct is to explain your side. Oftentimes, the more you say the more likely you are to say something that can be considered a confession — even if you are innocent. It’s very easy for a prosecutor to use discrepancies against you later on.
- Ask for an Attorney Immediately: The best way you can protect yourself is by not giving a statement and asking for an attorney. Do not delay in asking for legal representation.
You will also want to refer any investigators (including internal investigators from insurance agencies or other parties) to your Houston robbery and burglary attorney once you have retained one. Obtain any and all documents your attorney requests promptly, as they are vital to your defense.
Accused of Robbery or Burglary? Contact a Houston Attorney Immediately.
Building Your Defense Against These Felony Charges
Fighting charges of robbery or burglary effectively requires a deep understanding of the specific legal elements the prosecution must prove and a meticulous examination of the evidence.
Possible Defense Strategies
Possible defense strategies for robbery and burglary charges in Texas can include:
- Challenging the Elements: Arguing that the prosecution cannot prove every required element of the specific robbery or burglary charge beyond a reasonable doubt. For robbery, this might involve challenging the “from a person or presence” or “use of force or violence” elements. For burglary, this might involve challenging the “unlawfully entering or staying” or the “intention to commit a felony, theft, or assault inside” elements.
- Lack of Intent: Arguing you did not have the required criminal intent (e.g., no intent to commit a felony/theft/assault for burglary, no intent to steal for robbery).
- Mistake of Fact: If applicable, arguing you had a mistaken belief about ownership or permission.
- False Accusations: Presenting evidence that the allegations are untrue or a case of mistaken identity. Many burglary and robbery cases rely on witness testimony, which can sometimes be inaccurate.
- Illegal Search or Seizure: Challenging whether evidence was obtained illegally through improper police procedures.
- Insufficient Evidence: Arguing that the prosecution’s evidence is weak or contradictory and does not meet the burden of proof.
Your attorney should review all evidence, including witness testimony, surveillance video, and police reports, for accuracy and merit. If evidence was illegally obtained or based on false statements or misidentification, your attorney should aggressively fight to have evidence suppressed and charges dismissed. Lisa Shapiro Strauss actually launches her own investigation into the matter to help ensure that you are well-prepared for the upcoming trial. Often, it becomes necessary to hire experts to examine documentation or evidence for opportunities that can be used in the crafting of your defense.
Build Your Defense Against Robbery or Burglary Charges. Contact Our Houston Office.
Why Choose Lisa Shapiro Strauss for Robbery & Burglary Defense?
When facing the serious felony charges of robbery or burglary in Houston or Harris County, you need a defense attorney with specific experience in these high-stakes cases, trial experience, and a deep understanding of the local legal system. Lisa Shapiro Strauss offers the critical qualifications you need.
The Former Prosecutor Advantage
As a Former Prosecutor, Houston robbery lawyer Lisa Shapiro Strauss understands how district attorneys approach robbery and burglary cases. Her background provides invaluable insight into how the State builds its case, the evidence they rely on, and the strategies they employ to secure convictions. This insider knowledge is a significant advantage in anticipating their moves and building a more effective defense strategy for you in a Harris County courtroom.
Extensive Experience in Robbery & Burglary Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has successfully defended clients against serious felony theft charges, including robbery and burglary. She understands the complexities and high stakes associated with these cases and is known throughout the legal community as an Aggressive Trial Attorney, dedicated to protecting her clients’ rights.
Local Knowledge of Harris County Courts
Her extensive practice specifically in Harris County courts means she is intimately familiar with the judges, prosecutors, and procedures that will impact your case. This local knowledge is invaluable in navigating the legal process efficiently and effectively on your behalf, from bond hearings to potential jury trials.
Frequently Asked Questions About Robbery and Burglary
Facing robbery or burglary charges can lead to many serious questions. Here are answers to some common ones:
What is the Difference Between Robbery and Burglary?
Robbery involves taking property from a person or their presence using force or threats. Burglary involves unlawfully entering or remaining in a structure with the intent to commit a felony, theft, or assault inside. The key difference is the presence of force against a person in robbery versus unlawful entry with intent in burglary.
What Factors Can Affect a Houston Robbery Case?
Factors affecting a robbery case in Houston include whether a deadly weapon was used or exhibited (leading to Aggravated Robbery), the severity of any injury caused, and the identity or age of the victim (e.g., elderly or disabled). Prior criminal history also impacts potential sentencing. Read more about factors that can affect a robbery case in Houston.
What Are the Stages of a Theft Case in Houston?
A felony theft case, including robbery or burglary, typically involves stages like investigation, arrest, magistration/bond, grand jury indictment, arraignment, plea bargaining, pre-trial hearings, trial, and sentencing. Read more about the stages of a theft case in Houston.
Is burglary of a vehicle a felony in Texas?
No, burglary of a vehicle in Texas is typically a Class A misdemeanor, unless the vehicle is used as a habitation, in which case it is Burglary of a Habitation (a Second Degree Felony).
What should I do if the police want to interview me about a robbery or burglary?
Do not give a statement to the police. Politely assert your right to remain silent and ask to speak with an attorney immediately. Refer any investigators to your lawyer.
What is Aggravated Robbery?
Aggravated Robbery is an elevated charge from basic robbery, resulting in a First Degree Felony, when the offender causes serious bodily injury, uses or exhibits a deadly weapon, or commits robbery against an elderly or disabled person.
Harris County Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in serious felony theft cases like robbery and burglary. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing these charges in Houston and Harris County.
State v KK: Client charged with Theft ≥ $100 < $750. Lisa got the case dismissed.
State v JN: Client charged with Theft ≥ $100 < $750. Lisa got the case dismissed.
State v KH: Client charged with Theft ≥ $2500 < $30000. Lisa got the case dismissed.
State v TD: Client charged with Theft ≥ $100 < $750. Lisa got the case dismissed.
Get Help Today
If you are facing robbery or burglary charges in Houston or Harris County, do not underestimate the severity of the situation. These felony charges carry the potential for decades in prison and lifelong consequences. You need immediate, experienced legal help.
Lisa Shapiro Strauss is an experienced Houston robbery and burglary attorney with the knowledge and trial experience necessary to defend you against these serious felony charges. With her background as a Former Prosecutor and extensive experience in local courts, she is uniquely qualified to evaluate your case and build a strong defense strategy.
To learn more about the defense of robbery, burglary, armed robbery, or breaking and entering charges, contact the law offices of Lisa Shapiro Strauss today for a free consultation.
