Houston Robbery Defense Attorney

Robbery charges in Houston, Texas, are extremely serious, and a conviction may result in jail time, monetary fines, probation, and other serious consequences. If you are currently facing a robbery charge in Houston, experienced criminal defense lawyer Eric Benavides at Benavides Law Group is ready to fight for your rights and pursue the best possible result in your case.

For a free case evaluation and legal consultation with an experienced Houston robbery charges attorney, please call us at (713) 222-2828 or contact us online today for more information.

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Why Should Our Houston Robbery Charges Attorneys Represent You?

Given the seriousness of a robbery charge in Houston, you don’t want to leave the outcome of your case up to chance. Rather, you want an experienced Houston robbery charges attorney advocating for you every step of the way.

Criminal defense lawyer Eric Benavides at Benavides Law Group has a strong track record of obtaining acquittals, dismissals, and favorable plea deals on behalf of accused clients. He can aggressively advocate for your interests and work to pursue the best possible result in your criminal case.

You can view the firm’s most recent case results and client testimonials on our website. Benavides Law Group is conveniently located at 2180 North Loop West, Suite 310, Houston, TX 77018.

Potential Penalties and Collateral Consequences for a Houston Robbery Conviction

A robbery conviction in Houston, Texas, carries severe penalties and significant collateral consequences that can significantly affect a person’s life for years to come.

Potential Penalties for a Robbery Conviction

Robbery is considered a serious crime in Texas, classified as a second-degree felony. If convicted, a person can face a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.

The penalties may increase if the robbery involves a deadly weapon, such as a gun or knife. In this case, the charge escalates to aggravated robbery, which is a first-degree felony.

For aggravated robbery, the prison sentence increases to a range of five to 99 years or even life imprisonment, along with the potential for a $10,000 fine.

Potential Collateral Consequences Upon Conviction

Beyond the legal penalties, a robbery conviction’s collateral consequences can affect various aspects of life. First, a felony conviction will appear on a person’s criminal record, making it difficult to find employment. Many employers are hesitant to hire individuals with a felony background – especially for positions that require trust or responsibility.

A felony conviction can also limit educational opportunities. Some colleges and universities may deny admission to individuals with criminal records, and those who are already enrolled may lose scholarships or financial aid.

Housing can also become a challenge. Many landlords conduct thorough criminal background checks and may refuse to rent to someone with a felony conviction. This can lead to housing instability and difficulty finding a place to live.

In addition to these practical challenges, a robbery conviction can also affect personal relationships. Friends and family members may distance themselves, and the social stigma associated with being a convicted felon can lead to feelings of isolation and rejection.

Finally, a robbery conviction in Texas can result in the loss of certain civil rights. This includes the right to vote, the right to serve on a jury, and the right to possess firearms.

Legal Elements of a Houston Robbery Charge

To convict someone of robbery in Houston, Texas, a prosecutor must prove specific legal elements beyond a reasonable doubt.

Those elements include:

• Theft or Attempted Theft – The first element that the prosecutor must establish is that the accused individual (the defendant) committed theft or attempted theft. Theft occurs when someone unlawfully takes property from another person with the intent to permanently deprive them of it. This means that the person intended to take something that did not belong to them and keep it for themselves. In a robbery case, the theft must have occurred – or the defendant must have attempted to commit theft – even if they did not succeed.

• Bodily Injury or Threat of Injury – The second element involves the use of force or the threat of force. The prosecutor must prove that during the theft or attempted theft, the defendant either caused bodily injury to another person or threatened or placed someone in fear of imminent bodily injury or death. This is what separates robbery from simple theft. The use or threat of force is essential in elevating the crime from theft to robbery. For example, if someone snatches a purse without using force, the law considers it theft. But if they use force or violence –  like pushing the victim or threatening them with a weapon – it becomes robbery.

• Intent to Obtain or Maintain Control of the Property – The third element is that someone used force or a threat to obtain or maintain control of the stolen property. This means that the defendant used violence or intimidation specifically to help them commit the theft or to keep the stolen property. For example, if someone uses force to escape after stealing something, this element would be satisfied because the force was used to retain control of the stolen item.

• Timing of the Force or Threat – Finally, the prosecutor must demonstrate that the force or threat occurred at the same time as the theft or attempted theft. The timing is crucial because the robbery charge hinges on the connection between the theft and using force or intimidation.

Successfully Defending Against a Robbery Charge in Houston

Successfully defending against a robbery charge in Houston, Texas, requires a strong legal strategy tailored to the case.

Houston robbery charges lawyer Eric Benavides at Benavides Law Group can determine your eligibility for raising one or more of the following legal defenses in response to your robbery charge:

• Mistaken Identity – In some robbery cases, especially those that happen quickly or in poorly lit areas, the alleged victim or witnesses may misidentify the person who committed the crime. In this scenario, the defendant may argue they were mistakenly identified as the perpetrator. This defense can be strengthened with alibi evidence, such as testimony from witnesses who can confirm that the defendant was somewhere else when the robbery occurred.

• Lack of Evidence – Another defense strategy involves challenging the sufficiency of the evidence. The prosecution must prove every element of the robbery charge beyond a reasonable doubt. If there is insufficient evidence to prove that the defendant committed theft, used force or threats, or had the intent to commit the crime, the defense can argue that the case does not meet the legal standard required for a conviction. This can involve questioning the reliability of the evidence, such as witness statements, surveillance footage, or physical evidence.

• False Accusation – In some cases, a person may be falsely accused of robbery. This can happen due to personal grudges, mistaken beliefs, or pressure from law enforcement. If the defendant can show that the accusation was made in bad faith, the case against the defendant may weaken significantly.

• Duress or Coercion – Another potential defense is that the defendant committed the robbery under duress or coercion. This means that someone forced or threatened the defendant into participating in the crime. For this defense to work, the defendant must show that they had a reasonable fear of immediate harm or death if they did not commit the robbery.

• Lack of Intent – Intent is a crucial element of a robbery charge. Here, the defendant may argue that they did not intend to commit robbery. For example, if there was a misunderstanding about ownership of the property or if the defendant did not intend to use force, the charge may be reduced or dismissed.

Negotiating a Favorable Plea Deal Versus Taking a Houston Robbery Case to Trial

When deciding whether to pursue a plea deal or take your Houston robbery case to trial, you must understand the pros and cons of each option. In a plea deal, also known as a plea bargain, you plead guilty to a lesser charge in exchange for a lighter sentence. This can avoid the uncertainty of a trial and a possibly harsher sentence. It also allows you to know the outcome in advance and can sometimes result in a quicker resolution.

On the other hand, going to trial means presenting your case before a judge or jury, who will then decide your guilt or innocence. Trials can be lengthy and stressful, but they also provide a chance to contest the charges and potentially achieve a better outcome if the evidence against you is weak or if you have a strong defense.

You may prefer a trial if the evidence against you doesn’t merit a conviction – or if you want to challenge the prosecution’s case.

Houston robbery charges attorney Eric Benavides at Benavides Law Group can help you weigh these options by reviewing all aspects of your case, including the evidence, possible defenses, and the likely outcomes of both a plea deal and a trial. He can provide you with detailed advice based on your unique situation and work with you to choose the path that best aligns with your goals and interests. Your choice will affect the outcome, so it’s crucial to make an informed decision.

Steps to Take if You’re Currently Facing a Robbery Charge in Houston

If you face a robbery charge in Houston, Texas, to protect your rights and build a strong defense:

• Hire an Experienced Houston Robbery Charges Attorney – The first and most crucial step is to hire a knowledgeable criminal defense lawyer. Houston attorney Eric Benavides at Benavides Law Group can explain the legal process and work to develop a strong defense strategy for your case. He will also handle negotiations with prosecutors and advocate for your best interests in court.

• Do Not Speak to Law Enforcement Without Your Lawyer – Avoid talking to law enforcement without your attorney present. This is because anything you say can be used against you in court. Instead, let attorney Eric Benavides handle all communications with law enforcement and prosecutors for you. This helps prevent any accidental self-incrimination and ensures that your legal rights are protected.

• Gather Evidence and Documentation – Collect and organize any evidence that may support your defense. This includes documents, photos, or videos related to the case. Also, gather information that can prove your whereabouts or actions during the alleged robbery. This evidence can be crucial in proving your innocence or challenging the prosecution’s case.

• Follow Legal Advice and Attend All Court Hearings – Follow your attorney’s advice and attend all scheduled court hearings. Attorney Eric Benavides can represent you during all scheduled legal proceedings in your case. Missing court dates can lead to additional legal problems, including arrest warrants or additional charges. Your presence in court shows that you take the charges seriously and will cooperate with the legal process.

• Consider Plea Deal Options – Attorney Eric Benavides can help you understand the pros and cons of any plea offer and decide the best course of action for your case, given the facts and circumstances.

• Prepare for the Effects on Your Life – Understand that a robbery charge can have significant consequences beyond the courtroom. This includes potential effects on employment, education, and personal relationships. Work with attorney Eric Benavides to prepare for these effects and explore options for potentially lessening the long-term effects of your charge.

Speak With an Experienced Houston Robbery Charges Lawyer Today

If you face a robbery charge in Houston, Texas, hire experienced legal representation as soon as possible. Criminal defense lawyer Eric Benavides at Benavides Law Group can aggressively advocate for your rights and pursue the best possible result in your criminal case.

For a free case evaluation and legal consultation with a skilled Houston criminal defense lawyer, please call us at (713) 222-2828 or contact us online today.

Our Houston Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018