Oct 19, 2015

Aggravated Robbery

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".
Aggravated robbery is a more serious offense, and is normally prosecuted as a  first degree felony. Although the severity of most theft crimes directly correlate with the value of the stolen property, this does not apply to robbery. Instead, it only has to be established that the defendant has placed another person under duress with the threat or use of physical force while committing, attempting to commit, or fleeing from the commission of a theft offense,  defined as "...the act of unlawfully appropriating property with the intent to deprive the rightful owner of it."

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.

The lawfirm of Parnham and Associates handles offenses charged by both the State and Federal Court systems, nationally and within the State of Texas. Our extensive experience in criminal defense ranges from simple to complex litigation. The firm's extensive experience in criminal defense ranges from simple to complex litigation. If you have been charged with theft or robbery, contact us at (713) 224.3967 for a free consultation.

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