Robbery Charges in Texas
If you are charged with the serious criminal offense of robbery or aggravated robbery, then contact a criminal defense attorney at Goldstein & Orr. Under Texas law, robbery is charged as a felony of the second degree. Aggravated robbery is charged as a felony in the first degree. Our attorneys defend clients throughout San Antonio, Bexar County, and the State of Texas.
Important defenses can be asserted in robbery cases. Call us today for a free consultation.
Elements of Robbery Charges under Texas Law
In the State of Texas, theft is the underlying offense for a robbery or aggravated robbery. The crime of robbery also involves some form of assault. The offense of robbery includes any violence in the course of effectuating a theft. It can also include any violence while in immediate flight from the scene of the theft.
Under Texas Penal Code Section 29.02(a), the crime of robbery involves an allegation that in the course of committing theft and with intent to obtain or maintain control of the property, the person intentionally, knowingly, or recklessly either:
- causes bodily injury to another; or
- threatens or places another in fear of imminent bodily injury or death.
The term “in the course of committing theft” is defined as conduct that occurs in an attempt to commit, during the commission, or in the immediate flight after the attempt or commission of theft. See Texas Penal Code § 29.01(1).
To prove the crime of robbery, the prosecutor for the State of Texas is not generally required to prove that the complainant’s property was actually taken. In other words, it is not necessarily required that the theft is completed. It is also not necessarily required that the victim of the theft or attempted theft and the victim of the robbery be the same person. Although any of these facts make the case much more difficult for the prosecutor.
Under 29.01(2), the term property is defined as tangible or intangible personal property including anything severed from land; or a document, including money, that represents or embodies anything of value.
Aggravated Robbery in Texas
The criminal offense of aggravated robbery under Texas Penal Code Section 29.03 is a first degree felony. It requires proof of robbery plus an additional showing that during the course of the robbery, the person also did the following:
- causes serious bodily injury to another;
- uses or exhibits a deadly weapon; or
- causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
- 65 years of age or older; or
- a disabled person which is defined as any individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.
Finding an Attorney for Robbery Charges
If you are charged with robbery or aggravated robbery then contact an attorney in San Antonio at Goldstein & Orr. We represent clients on these serious felony charges throughout Bexar County, and the rest of the State of Texas. Call us today to discuss the case and important defenses that might apply to your case.
