Aggravated robbery charges in Texas carry potential sentences ranging from 5 to 99 years in prison, transforming what might seem like a momentary decision into decades behind bars. If you're facing these charges, understanding the distinction between robbery and aggravated robbery, when and why prosecutors pursue first-degree felony charges, becomes critical to protecting your future.
What to Know About Aggravated Robbery in Texas
- Aggravated robbery under Texas Penal Code §29.03 is always a first-degree felony punishable by 5-99 years or life in prison
- Three factors elevate robbery to aggravated: using/exhibiting a deadly weapon, causing serious bodily injury, or targeting someone 65+ or disabled
- As a "3g" offense under Article 42A.054, aggravated robbery limits probation eligibility and requires judge-only sentencing
- Convicted individuals must serve at least half their sentence (or 30 years maximum) before parole eligibility
- Even attempted aggravated robbery remains a felony, reduced just one degree to a second-degree felony
What Legally Counts as Aggravated Robbery Under Texas Penal Code §29.03?
Aggravated robbery builds upon the foundation of simple robbery, requiring prosecutors to prove all elements of robbery plus at least one aggravating factor. Under Texas law, a robbery occurs when someone intentionally or knowingly causes bodily injury to another while committing theft, or places another in fear of imminent bodily injury or death during theft.
Texas Penal Code §29.03 elevates this robbery to aggravated status when any of three specific circumstances exist. The statute reads clearly: a person commits aggravated robbery if they commit robbery and (1) cause serious bodily injury to another; (2) use or exhibit a deadly weapon; or (3) cause bodily injury or threaten injury to a person who is 65 years or older or disabled.
This means the presence of weapons, significant injuries, or vulnerable victims transforms the offense from a second-degree felony (simple robbery) to a first-degree felony with dramatically enhanced penalties.
The burden remains on prosecutors to prove every element beyond a reasonable doubt. This includes establishing the underlying theft, proving force or fear was used, and demonstrating the presence of at least one aggravating factor.
Does Aggravated Robbery Require a Deadly Weapon?
No, aggravated robbery doesn't require the use of a deadly weapon, though weapon use represents the most common aggravating factor. Texas Penal Code §29.03 provides three independent paths to aggravated robbery charges: deadly weapons, serious bodily injury, or targeting elderly/disabled victims.
When deadly weapons are involved, prosecutors must prove the defendant used or exhibited the weapon during the robbery. "Deadly weapon" includes firearms, knives, and clubs, but Texas law extends this definition to any object capable of causing death or serious bodily injury in the manner used. Baseball bats, vehicles, or even hands and feet can qualify as deadly weapons depending on the circumstances.
The serious bodily injury path requires no weapon whatsoever. Texas defines serious bodily injury as injury creating substantial risk of death, causing serious permanent disfigurement, or resulting in protracted loss of organ or limb function. Broken bones, severe concussions, or injuries requiring surgery often meet this threshold.
The third path—targeting victims 65 or older or disabled individuals—requires only regular bodily injury or threats thereof. This provision recognizes vulnerable populations deserve enhanced protection, elevating what would be simple robbery to aggravated status based solely on victim characteristics.
Is Attempted Aggravated Robbery Still a Felony?
Yes, attempted aggravated robbery remains a felony under Texas law, punishable as a second-degree felony carrying 2-20 years in prison. Texas Penal Code §15.01 provides that criminal attempts are punished one degree lower than the completed offense, reducing attempted aggravated robbery from first-degree to second-degree felony status.
Prosecutors must prove defendants took direct steps toward committing aggravated robbery beyond mere preparation. Planning, acquiring weapons, or discussing robbery isn't enough. Rather, the attempt requires conduct that would have completed the offense but for intervention or failure. Examples include pointing weapons at victims who escape or being arrested while approaching intended targets.
Despite the lower felony degree, attempted aggravated robbery carries serious consequences. The offense still involves potential decades in prison, permanent felony records, and substantial collateral consequences. However, the reduced degree opens possibilities unavailable for completed aggravated robbery, including jury-granted probation and earlier parole eligibility.
How Do Consequences Differ for Aggravated Robbery?
The distinction between robbery and aggravated robbery fundamentally changes both the charges faced and potential outcomes. Simple robbery under §29.02 is a second-degree felony carrying between 2-20 years in prison, while aggravated robbery jumps to first-degree felony status with between 5-99 years or life imprisonment, plus fines up to $10,000.
Beyond sentencing ranges, aggravated robbery triggers additional consequences that simple robbery doesn't. Aggravated robbery qualifies as a "3g" offense, severely limiting probation options. The law, now found under Article 42A.054, states that a defendant convicted of aggravated robbery is ineligible for judge-ordered probation, but may receive community supervision only if the jury recommends it and the sentence does not exceed 10 years..
The practical differences extend throughout the criminal justice process. Bail amounts for aggravated robbery typically far exceed those for simple robbery. Prosecutors show less willingness to negotiate plea deals. Parole eligibility rules differ significantly, with aggravated robbery requiring service of half the sentence before eligibility consideration.
These distinctions make proper charge classification crucial. Defense attorneys often focus on disproving aggravating factors to reduce charges from aggravated to simple robbery, potentially cutting decades off sentencing exposure and opening probation possibilities that wouldn't otherwise exist.
What Does a "3g" Offense Designation Mean?
Besides jury-recommended community supervision on sentences under 10 years, the 3g designation eliminates jury-granted probation. Only judges can consider probation, and only when the sentence imposed is 10 years or less. Even then, defendants must serve every day of any probated sentence. There is no early release, no time cuts for good behavior during the probated term.
Beyond probation limitations, 3g offenses affect parole eligibility calculations. Defendants must serve at least half their sentence before becoming parole-eligible, compared to one-quarter for many non-3g felonies. Additionally, 3g offenses make defendants ineligible for mandatory supervision release, eliminating another early release avenue available for other felonies.
These restrictions reflect legislative intent to ensure serious violent offenders serve substantial sentences. For defendants, understanding 3g implications proves crucial for realistic assessment of outcomes and informed decision-making about plea offers versus trial risks.
Parole Eligibility Rules for Aggravated Robbery
Parole eligibility for aggravated robbery follows strict guidelines that differ significantly from non-violent felonies. Under Texas Government Code §508.145, individuals convicted of aggravated robbery must serve at least half their sentence or 30 years—whichever is less—before becoming eligible for parole consideration.
This means someone sentenced to 20 years must serve at least 10 years before parole review. Whereas, someone sentenced to 80 years must serve 30 years (not 40) before eligibility. Time calculations include both flat time served and good time credits earned, though earning rates for 3g offenses often prove less favorable than other felonies.
Parole eligibility doesn't guarantee release. The Texas Board of Pardons and Paroles considers numerous factors, including offense severity, institutional behavior, completed programming, and victim input. Aggravated robbery cases, particularly those involving weapons or serious injuries, face heightened scrutiny during parole reviews.
Impact on Immigration Status and Professional Licenses
Aggravated robbery convictions create severe collateral consequences beyond criminal penalties. For non-citizens, including lawful permanent residents, aggravated robbery could trigger deportation proceedings under immigration law. No relief provisions exist, so conviction means removal regardless of family ties, employment, or time in the United States.
Professional licenses face similar jeopardy. Healthcare providers, teachers, real estate agents, and other licensed professionals must report felony convictions to regulatory boards. Aggravated robbery's violent nature typically results in license revocation, ending careers regardless of rehabilitation efforts. Some boards permanently bar re-licensure for violent felony convictions.
These collateral consequences make thorough consultation essential before accepting any plea agreement.
Defenses to Aggravated Robbery Charges
Defending aggravated robbery charges requires examining every element prosecutors must prove while identifying weaknesses in evidence or procedure. Common defense strategies challenge identification, intent, presence of aggravating factors, and constitutional violations during investigation.
Identification and Alibi Defenses
- Eyewitness misidentification, especially in high-stress situations
- Alibi evidence placing defendant elsewhere during offense
- Challenging photo arrays or lineup procedures
- DNA or fingerprint evidence contradicting witness accounts
- Video surveillance supporting mistaken identity claims
Challenging Aggravating Factors
- Disputing whether injuries qualify as "serious bodily injury"
- Contesting deadly weapon definitions for unconventional objects
- Questioning victim's age or disability status if not clearly documented
- Arguing defendant lacked knowledge of victim's protected status
- Medical records contradicting severity of injury claims
Intent and Duress Arguments
- Lack of intent to commit theft (underlying requirement)
- Duress or coercion by co-defendants
- Intoxication negating specific intent
- Mental health issues affecting criminal responsibility
- Mistaken belief about property ownership
Constitutional and Procedural Violations
- Illegal searches revealing evidence
- Miranda violations during interrogation
- Suggestive identification procedures
- Prosecutorial misconduct
- Ineffective assistance of prior counsel
Eric Benavides's experience defending serious felonies reveals that successful defenses often combine multiple strategies. Challenging witness credibility while presenting alternative theories creates reasonable doubt. His approach emphasizes humanizing clients, so juries see complete people deserving fair consideration, not just defendants accused of serious crimes.
Immediate Steps After Aggravated Robbery Arrest
The hours and days following an aggravated robbery arrest prove critical for case outcomes. Quick action protects rights, preserves evidence, and positions cases for favorable results. Taking the right steps immediately can mean the difference between pretrial detention and maintaining employment while your case proceeds.
Steps to take include:
- Exercising your right to remain silent - Only provide identifying information; don't discuss the case, explain your side, or try to minimize involvement
- Refusing police questioning without an attorney - Sophisticated interrogation techniques can elicit incriminating statements even from innocent people
- Documenting arrest details immediately - Write down officer names, badge numbers, patrol car numbers, and exact timeline while memories remain fresh
- Photographing any injuries - Document injuries from arrest or altercations before they heal or fade
- Preserving all clothing and physical evidence - Keep clothes worn during arrest, especially if they contradict witness descriptions
- Listing potential witnesses - Record names and contact information for anyone who might support your defense
- Avoiding discussing the case - Don't talk to cellmates, friends, or family about case details; assume all jail calls are recorded
- Contacting an experienced attorney immediately - Early representation affects bond amounts, charge decisions, and evidence preservation
- Coordinating surrender if not yet arrested - Attorneys can arrange surrender to avoid workplace or home arrests
- Gathering character references - Collect letters from employers, teachers, community leaders for bond hearings
Early intervention by experienced counsel often determines whether you await trial in jail or at home with your family. Don't wait until your first court date to seek representation.
The Role of Co-Defendants and Accomplice Liability
Many aggravated robbery cases involve multiple participants, raising complex questions about individual culpability and Texas's law of parties. Under accomplice liability rules, prosecutors can convict defendants of aggravated robbery even if they never touched weapons or victims.
Texas law holds accomplices equally responsible for offenses committed by others when acting together. For instance, getaway drivers face identical charges as those who entered buildings. Lookouts share liability with those who actually robbed victims. This broad liability net often shocks defendants who viewed their roles as minimal.
Co-defendant cases create unique challenges and opportunities. Statements from one defendant frequently incriminate others, creating conflicts requiring separate representation. However, co-defendants also provide opportunities for favorable plea negotiations when prosecutors need cooperation to strengthen cases against primary actors.
Defense strategies in multi-defendant cases often focus on minimizing individual roles while avoiding actions that harm co-defendants. Severance motions can separate trials when co-defendant statements prove prejudicial. Careful navigation of these dynamics, including potential cooperation agreements, requires experienced counsel familiar with complex group prosecutions.
FAQ About Aggravated Robbery in Texas
Can Aggravated Robbery Charges Be Reduced to Lesser Offenses?
Possibly. Skilled negotiation can sometimes reduce aggravated robbery to simple robbery or even theft charges by challenging aggravating factors or through plea agreements. Success depends on evidence strength, criminal history, and victim input regarding case resolution.
What Happens to Juveniles Charged with Aggravated Robbery?
Juveniles face potential adult certification for aggravated robbery, particularly if 16-17 years old or if weapons were involved. Even within juvenile systems, aggravated robbery can result in Texas Juvenile Justice Department commitment until age 19.
How Does Restitution Work in Aggravated Robbery Cases?
Courts order restitution for victim losses, including medical expenses, lost wages, property damage, and counseling costs. Payment becomes a probation condition or follows defendants post-incarceration, with non-payment potentially resulting in probation revocation.
Can Self-Defense Apply to Aggravated Robbery Charges?
Self-defense rarely applies since robbery requires theft intent, but defending property or a person during alleged robberies might negate elements. The force used must be immediately necessary and proportional to the threatened force.
What if the Weapon Wasn’t Real or Loaded?
Texas law treats toy guns or unloaded weapons as deadly weapons if used to threaten victims who reasonably believed them to be real. The victim's perception, not actual weapon capability, determines whether objects qualify as deadly weapons.
Get Experienced Defense for Aggravated Robbery Charges
Facing aggravated robbery charges means confronting the possibility of decades in prison, but you don't have to face this alone. Eric Benavides, of Benavides Law Group, brings experience from over 1,000 criminal cases to the fight for your future.
Your freedom and future are too important to leave to chance. Call (713) 222-2828 now for your free consultation. Let us start building your defense today, because everyone deserves a second chance.