If you have been charged with robbery or aggravated robbery in Texas, a skilled attorney can study the elements of the case to figure out how to attack the prosecution’s arguments and craft the best possible defense strategy for you.
Below, we’re going to explain how it is sometimes possible to use the actual robbery laws in Texas to starting building your defense.
Texas Laws on Robbery
Texas law defines robbery as causing bodily injury to another person in the act of committing theft. It also applies if the defendant causes another person to fear bodily injury or death in the commission of theft. Bodily injury can occur due to intentional acts, knowing acts, or reckless acts to be prosecuted as robbery.
Theft is defined as taking another person’s property with the intention of permanently depriving them from possession of that property. Robbery is different from theft because it involves taking property when in a person’s presence, and it involves violence.
Aggravated robbery charges apply if an individual causes serious bodily injury to another person, or if a deadly weapon is used during the act. It is sometimes referred to as armed robbery. Serious bodily injuries include broken bones, permanent disfigurement, loss of limbs, and any injury that requires surgery to repair.
Additionally, if robbery is committed against a person over the age of 65 or someone who is physically, mentally, or developmentally disabled, a normal robbery charge can be raised to aggravated robbery.
Using the Robbery Laws of Texas to Defend Yourself
Several defenses arise from the elements of robbery. Here are ways defenses may work in your case.
Lack of Intent
Remember, a robbery conviction requires intent. Perhaps you didn’t intend to take someone else’s bag because you thought it was yours. Or you didn’t intend violence – it was an accident. A skilled Texas attorney will be able to tell if lack of intent applies to your case.
Lack of Knowledge
You may not have known what you were doing was theft. This can apply in a variety of ways.
Lack of Recklessness
Depending on your specific situation, the prosecution may need to prove beyond a reasonable doubt that your acts were reckless. If your attorney can raise enough doubt, you might be able to beat your charge.
No Fear of Bodily Injury or Death
If your attorney can prove that the alleged victim did not reasonably fear bodily injury or death, your case may be dismissed.
Bodily Injury Issues
A close look at the alleged victim’s injuries can determine whether charges apply, as well as which ones. In some situations, the injuries may have preexisted the event, or you may have been hit with aggravated robbery when you should have been charged with robbery instead.
No Weapon
If you have been accused of aggravated robbery, you can argue that a deadly weapon was not in use.
These are just some examples of the types of arguments a seasoned criminal lawyer will be able to make to help you fight back – and you really need to if you want to avoid life-changing penalties. How bad are they?
Seek Legal Assistance for Robbery Charges
Robbery is a second degree felony in Texas. A conviction could result in two to 20 years in Texas state prison and/or a fine of up to $10,000.
Aggravated robbery is a first degree felony in Texas. A conviction could result in a prison sentence of five to 99 years and a fine of up to $10,000.
With charges this serious, you need to enlist the help of a knowledgeable Texas defense attorney. A skilled Texas defender will explain the legal process and advise you on the best defenses to use.
Reach out today for a free case review. We will work to protect your rights and obtain the best possible results.
About the Author:
After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. His skill has earned him recognition from the National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Attorney in Criminal Defense, Top Attorney in DUI & DWI, 10/10 Superb Rating), and he is Lead Counsel rated.
