Texas Aggravated Robbery

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 How Is "Aggravated Robbery" Defined?

Aggravated robbery is a criminal offense that involves the use of force or threat of force during a robbery. It is a more serious crime than simple robbery because it involves an additional element of violence or intimidation, which can result in more severe penalties upon conviction.

Aggravated robbery lawyers are criminal defense attorneys who specialize in representing clients charged with this offense. They have extensive knowledge of the relevant criminal laws and court procedures, and they work to protect their clients’ legal rights and interests throughout the legal process.

These lawyers investigate the case, analyze the evidence, identify weaknesses in the prosecution’s case, and develop a defense strategy that may include negotiating a plea bargain or arguing in court for reduced charges or dismissal of the case. They also provide their clients with advice and guidance, explain their legal options, and help them make informed decisions about how to proceed with their cases.

How Is “Robbery” Defined in Texas?

In Texas, robbery is defined as the intentional and knowing theft of property from another person with the use of force, violence, or the threat of force or violence.

Under the Texas Penal Code §29.02, a person commits the offense of robbery if, in the course of committing theft and with the intent to obtain or maintain control of the property, they:

  • 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.

Robbery is a second-degree felony in Texas, punishable by imprisonment for two to twenty years and a fine of up to $10,000. If the defendant used or exhibited a deadly weapon during the robbery, the offense may be enhanced to a first-degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of up to $10,000.

Even attempting to commit robbery is considered a serious criminal offense in Texas and can result in significant legal consequences. If a person takes a substantial step towards committing robbery, they can be charged with attempted robbery, which is also a felony offense under Texas law.

When Does a Robbery Charge Become an Aggravated Robbery Charge?

A robbery charge becomes an aggravated robbery charge when certain aggravating factors are present during the commission of the crime. Aggravating factors are circumstances that make the offense more serious and increase the level of harm or threat to the victim.

In Texas, aggravated robbery occurs when a person commits robbery and, in addition to the elements of robbery, the person:

  1. Causes serious bodily injury to another person;
  2. Uses or exhibits a deadly weapon during the commission of the robbery; or
  3. Robs a person who is 65 years of age or older or disabled.

Aggravating factors such as causing serious bodily injury, using a deadly weapon, or targeting an elderly or disabled victim can result in the charge being elevated from robbery to aggravated robbery.

Aggravated robbery is a first-degree felony in Texas, with a penalty of five to ninety-nine years in prison and a fine of up to $10,000. However, if the deadly weapon used during the commission of the crime is a firearm, the minimum sentence is increased to 10 years.

Additionally, if the victim of an aggravated robbery suffers serious bodily injury, the sentence can be further enhanced.

What Is the Penalty for an Aggravated Robbery Conviction in Texas?

Under Texas law, aggravated robbery is a first-degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of up to $10,000. However, if a deadly weapon was used during the commission of the crime, the aggravated robbery penalties are increased to 10 years.

In addition to imprisonment and fines, a person convicted of aggravated robbery in Texas may also face other legal consequences, such as probation, community service, and restitution to the victim.

A person can get jail time for aggravated assault. Aggravated assault is also a serious criminal offense in Texas, and a conviction can result in severe legal consequences, including imprisonment. Aggravated assault occurs when a person intentionally or knowingly causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of an assault. Depending on the specific circumstances of the offense, aggravated assault may be charged as a second-degree or first-degree felony, and the penalties can range from two to ninety-nine years in prison and fines of up to $10,000.

What Are the Defenses to Aggravated Robbery?

Defending an aggravated robbery charge can be challenging, but there are several defenses that a defendant can use to challenge the prosecution’s case.

The following are some common defenses to aggravated robbery:

  1. Lack of Intent – The prosecution must prove that the defendant had the specific intent to commit the robbery. If the defendant did not have the intent to commit robbery, they could not be convicted of aggravated robbery.
  2. Mistaken Identity – If the victim or witness wrongly identified the defendant as the person who committed the robbery, the defense attorney may be able to present evidence to prove that the defendant was not present at the scene of the crime.
  3. False Accusation – In some cases, the victim or a witness may have falsely accused the defendant of committing the robbery. This may occur due to mistaken identity, bias, or other reasons.
  4. Coercion – If the defendant was coerced or threatened into committing the robbery by someone else, they might have a defense based on duress or coercion.
  5. Self-Defense – If the defendant used force in response to an immediate threat of harm or death, they might have a valid self-defense claim.
  6. Police Misconduct – If the police violated the defendant’s constitutional rights during the investigation or arrest, the defense might challenge the admissibility of evidence obtained illegally.

These are just a few of the many possible defenses to an aggravated robbery charge. The specific defense strategy will depend on the facts and circumstances of the case and the skill and experience of your defense attorney.

Do I Need a Lawyer to Represent Me in My Aggravated Robbery Charge?

If you are facing an aggravated robbery charge or any other criminal charges in Texas, it is crucial to seek the advice and representation of an experienced criminal defense lawyer. A skilled attorney can analyze the specific circumstances of your case, investigate the evidence against you, and develop a strong defense strategy to protect your rights and achieve the best possible outcome.

If you need a Texas criminal lawyer, we highly recommend that you use LegalMatch to conduct a thorough search to find a qualified and reputable attorney with experience in handling aggravated robbery cases. You can use LegalMatch to check their credentials and read reviews from past clients. Additionally, you can seek referrals from friends, family members, or other legal professionals.

Remember that time is of the essence in criminal cases, so do not delay in contacting a lawyer to discuss your legal options. With the help of a skilled Texas criminal lawyer, you can mount a robust defense against the charges and protect your future. Use LegalMatch to find the right lawyer for your aggravated robbery defense today.

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