Theft vs. Robbery in Texas: Why the Difference Matters More Than You Think!

Theft vs. Robbery in Texas: Why the Difference Matters More Than You Think!
Oct 07, 2025 |

What You Don’t Know About Theft and Robbery Could Cost You Everything

Most people in Texas don’t fully understand the difference between theft and robbery until it is too late. You might think taking something without permission is a simple misdemeanor. In some cases, it is. But if you hurt someone or even threaten them while trying to get away, that small decision could turn into a serious felony charge with life-changing consequences.

As a criminal defense attorney, I have seen how fast a theft case can escalate into a robbery case. Today, I want to walk you through the laws, how prosecutors handle theft and robbery charges, and why one moment can change the entire outcome of your case.

Theft in Texas: What It Really Means

Theft happens when someone takes property that does not belong to them with the intent to keep it. It is considered a nonviolent act. No one gets hurt. No one is threatened. In fact, sometimes no one even notices it happened.

For example, let’s say someone walks into a store and hides an item under their clothes or grabs it and walks out without paying. That is theft. The penalties for theft depend largely on the value of what was taken.

If the item is worth less than $100, it is usually a Class C misdemeanor, with a possible fine of up to $500. If the value is between $100 and $750, it becomes a Class B misdemeanor, which can result in up to six months in jail and a $2,000 fine. Once the value exceeds $750 but is less than $2,500, it becomes a Class A misdemeanor, carrying up to a year in jail and up to a $4,000 fine.

Anything over $2,500 crosses into felony territory. The punishment increases as the value goes up, and it can reach all the way to a first-degree felony.

When Theft Turns into Robbery?

Here is where everything can change. If someone uses force or threats to escape after a theft, that act could turn a misdemeanor into a second-degree felony. The law in Texas does not just care about what was taken. It also cares about how it was taken.

Let me give you a common example. Suppose someone steals an item from a store. As they try to leave, a store employee confronts them. If the person pushes past the employee or says something threatening, the situation may be elevated to robbery. That threat or use of force, even if brief, is enough to turn a theft into a much more serious charge.

Robbery Charges in Texas: What You’re Really Facing

Under Texas law, robbery is defined as causing injury, using force, or threatening injury while committing a theft or trying to escape. And robbery is automatically a felony.

Aggravated robbery, which involves a weapon, serious bodily injury, or a victim who is elderly or disabled, is a first-degree felony. That means someone can be facing a minimum of five years in prison and up to ninety-nine years or even life.

You don’t need a weapon to be charged with robbery. A verbal threat is enough. A moment of anger, a raised voice, or even intimidating body language can lead to prosecutors arguing that you were a threat. Surveillance footage, witness statements, and even the tone of a conversation may be used in court to make that case.

Why These Cases Are So Serious?

Robbery cases are often built on small moments. The tone of a voice, the way someone moves, or the distance between people in a confrontation can all be used to build a narrative in court. The line between theft and robbery is thin, but the consequences are not.

Theft is taking something that is not yours without violence. Robbery involves intimidation, threats, or harm. And once the charge becomes robbery, it is no longer about fines or short jail terms. It is about felony convictions, long sentences, and permanent records.

What You Should Do If You Are Facing Theft and Robbery Charges?

If you or someone you care about is facing theft or robbery charges in Texas, do not wait. These are not minor charges. You could be facing years in prison.

Reach out to a criminal defense lawyer right away. I can help you understand the charges, fight the case, and protect your future. I am here to walk you through the legal system and make sure your rights are defended at every step.

Your future matters. Let’s protect it together. Contact us today.

Contact us

Contact segura & kiatta criminal defense

Schedule Your
Free Consultation

*Required Information

This field is for validation purposes and should be left unchanged.
Name of person charged (if different)
I Have Read The Disclaimer(Required)

Our Location

Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Suite 200
Sugar Land, Texas 77478