Full text of robbery charges can be found in Penal Code Chapter 29.
Robbery in Texas
In Texas Robbery is charged when in the course of committing a theft case, the person intentionally, knowingly, or recklessly causes bodily injury to another OR intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
If you are charged with Robbery, it will be a 2nd Degree Felony. A 2nd Degree Felony has a range of punishment of a minimum of 2 years in prison, to a maximum of 10 years. And a fine of up to $10,000.
As a Houston Criminal Lawyer I see this charge often. I typically see this charge in a shoplifting case gone bad. For example, if you are at a store, and decide to steal, that is typically a misdemeanor. But if an employee of the store tries to stop you and you assault them (or threaten them) then the charge could be elevated to a felony Robbery case.
Aggravated Robbery is when a person commits Robbery as above (so they still need to steal, and then assault or threaten the victim) PLUS they cause serious bodily injury OR uses or displays a deadly weapon, OR causes bodily injury to another or threatens or places that person in fear of imminent bodily injury or death if the person is disabled OR over 65 years of age.
Aggravated Robbery is a 1st degree felony. A 1st degree felony carries a range of punishment of 5-99 years in prison, and a fine of up to $10,000.
Using the same example above, if you pull a gun or knife out instead of merely threatening someone verbally, this would become an aggravated robbery.
I have seen many types of items be considered a deadly weapon. Items ranging from the obvious (Guns, Knifes, etc), to the not so obvious (Cars, body parts, household items, etc).
What To Do If You Are Charged With Robbery or Aggravated Robbery
The first thing you need to do is get a lawyer ASAP. Do not talk to the police. Do not talk to the DA. Do not talk to anyone other than your lawyer.
These are very serious charges and can change your entire life as you know it. It is important to get into court and start working on the case as soon as possible. It will be crucial to see what the accusation is, and figure out what our defense is.
Sometimes our defense is actual innocence. Many times the ID of someone charged is wrong. Other times the defense is that this should not be Aggravated Robbery, but rather basic Robbery. Sometimes we are arguing that this should be a simple theft and not a robbery at all.
Get a Free Consultation
Every case is very different, and our defense will be based on the facts of your case. I will do everything in my power to get you the best possible outcome. If you have any specific questions about this type of case please give me a call, Houston Aggravated Robbery Attorney Eric J Benavides at 713-222-2828. You can also contact me about your robbery case by filling in the following information. The first consultation is always free.