Texas Penal Code §29.02 states that a person may be charged with robbery if they have, in the course of committing theft, caused another person bodily injury or placed them in fear of imminent bodily injury or death either intentionally, knowingly or recklessly. This crime is prosecuted as a felony in the second degree.
Section 29.03 further describes aggravated robbery as any act of robbery in which one or more of the following circumstances was present:
- The offender inflicted serious bodily injury on another;
- The offender used or presented a deadly weapon;
- The offender threatened to harm another person who was 65 years of age or older, or was considered to be "disabled".
Not all crimes follow the same sentencing guidelines, even if they are considered to be on the same level of severity. However, the Texas Penal Code does outline "ordinary" felony and misdemeanor punishments and under these statutes aggravated robbery is defined as a first degree felony with a sentence of prison for life, or a term of 5 to 99 years.
In order for the state to make a case against you for the crime of robbery or aggravated robbery, they must be able to prove that you had caused or threatened to cause bodily injury to another person during the commission of a theft. If the prosecution is unable to do so beyond a reasonable doubt, a competent criminal attorney may have a good chance of reducing the charges to a lesser offense of theft, which means that the severity of the charges would be based on the value of the property that was stolen. If the property was valued at less than $1,500, the charges may even be reduced to a misdemeanor.