A robbery charge is a felony, even when nothing of much value was taken. Many people are surprised to learn that a shoplifting case can become a robbery case in a matter of seconds. An aggravated robbery charge is one of the most serious accusations in Texas law.
I have sat in every seat in the courtroom: as a criminal defense lawyer, as a Municipal Judge, and as a Felony Prosecutor. I know what the State has to prove in a robbery case, and I look hard at whether it can.
What you’re facing
Under Texas Penal Code §29.02, robbery is a theft, or an attempted theft, combined with either:
- Causing bodily injury to someone, intentionally, knowingly, or recklessly; or
- Threatening someone or placing them in fear of imminent bodily injury or death.
The injury or threat can happen during the theft, during an attempt, or in immediate flight afterward. That is how a shoplifting case can be charged as robbery if someone is pushed or hurt while leaving a store. Robbery is a second-degree felony, with a range of 2 to 20 years in prison.
Aggravated robbery under §29.03 is a robbery that also involves one of these:
- Causing serious bodily injury.
- Using or exhibiting a deadly weapon. Under Texas law, a deadly weapon includes a firearm and anything that, in the way it is used or meant to be used, is capable of causing death or serious bodily injury.
- Causing bodily injury to, or threatening, a person who is 65 or older or who is disabled.
Aggravated robbery is a first-degree felony, with a range of 5 to 99 years or life in prison. After a conviction for aggravated robbery, or for a felony with a deadly-weapon finding, a judge cannot order community supervision (probation). Other options may still exist depending on the facts and your history.
What the State has to prove
Robbery cases often rest on identification. Was the right person arrested? Was the identification made under fair conditions? Does the video show what the State says it shows?
The State also has to prove the link to a theft and the specific injury, threat, or weapon it is alleging. A charge can change a great deal if, for example, the object called a “weapon” was not one, or the injury was not as serious as first reported.
What to do now
- Do not talk with police or investigators about the case without a lawyer.
- Do not contact the complainant or any witness, directly or through others.
- Follow every bond condition and go to every court date.
- Save anything that shows where you were, such as receipts, texts, or location data. Do not delete anything.
- Call me before your first court date.
How I can help
As a former Felony Prosecutor, I know how robbery cases are put together. As a defense lawyer, I use that understanding to:
- Review surveillance and body-camera video frame by frame.
- Examine how any lineup, photo array, or show-up identification was done.
- Look at whether the facts support robbery, or only a lesser charge such as theft or assault.
- Test the evidence for any claimed weapon or serious injury.
- Look for problems with the stop, search, arrest, or any statements.
I explain each step in plain English, and you make the key decisions.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
Nothing was actually taken. Can it still be robbery? Yes. An attempted theft can be enough if the State also alleges an injury or a threat.
I was with someone else who did it. Why am I charged? Texas law can hold a person responsible for another person’s conduct in some situations, such as when the State says the person helped or encouraged the offense. Whether that fits depends on the facts.
What counts as a deadly weapon? A firearm always counts. Other objects can count depending on how they were used or meant to be used. This is often a key issue in aggravated robbery cases.
Can a robbery charge be reduced? Sometimes, depending on the evidence. I can discuss whether that is realistic after reviewing your case.
Talk with me about your case
Your consultation is free. Call me at (346) 366-7566. You can also email [email protected].