Attorneys Carroll and Troberman have years of experience successfully defending DWI cases.
You deserve experienced and aggressive criminal defense lawyers. You deserve Carroll Troberman.
We have the experience needed to guide you through the jail release process.
As you may have realized, words that are exchangeable in common English
can mean very different things when defined legally. We might use any
of the words “
robbery,” or “burglary” to describe an act of stealing. However,
in legal terms these are three different charges with different consequences.
Even the most minor degrees of the following charges can have you facing
very serious penalties. You should always clarify with your attorney the
definition and implication of legal terms, and be sure that you fully
understand what you are being held to.
Theft- Theft or “larceny” is when someone intentionally takes
something of value (although “value” is a very flexible term
in this context, e.g. personal sentiment is a form of value) from someone
else, and plans on keeping it. By doing this the thief is denying the
rightful owner rightful ownership. Theft is defined as a nonviolent and
non-forceful act. In Texas the severity of the punishment is determined
by the monetary value of what was stolen. Anything over $200,000 is a
felony, but anything under $50 is still a Class C misdemeanor.
Burglary- Burglary is larceny with an added element of trespassing. “Breaking
and entering” is one of the necessary characteristics of burglary.
A thief must unlawfully enter a property, and knowingly remove something
that doesn’t belong to them with the intention of depriving its
owner ownership to be charged with burglary. The owner of a property must
not have given any form of consent for the thief to enter for it to be
considered trespassing. Although breaking is usually said to mean removing
something to enter a property or doing so forcefully (e.g. breaking a
window), walking in through an open door can constitute breaking so long
as the owner of that property did not extend consent. The degree of punishment
varies depending on different things including whether or not force was
used or there was a plan to use force. For instance, if you enter carrying
a weapon the punishment will be more severe.
Robbery- Robbery is larceny that involves violence or force. For it to
be considered robbery it must be taken off the victim’s person.
It’s robbery if the victim would have been able to prevent larceny
(or at least attempt to prevent larceny) if the thief had not used force.
Intimidation is a form of force. For instance telling a victim that you’re
carrying a weapon even if you aren’t is using intimidation as force.
Anything that is done to purposefully create fear in the victim so that
they may comply with the larceny is considered intimidation. Most charges
of robbery are identified as either simple or aggravated. The main difference
being that aggravated robbery usually involves a deadly weapon.
Having robbery, burglary or theft held against you is a serious issue.
You need legal support willing to fight for you immediately. Call the
Carroll Troberman, PLLC of Austin Texas when you’re in a legal bind.