Robbery
Robbery under section 29.02 of the Penal Code is a second-degree felony: two to twenty years. Aggravated robbery under section 29.03 is a first-degree felony: five to ninety-nine years or life. The difference is the use or exhibition of a deadly weapon, or the causing of serious bodily injury.
Elements
Robbery is theft plus force or threat. The State must prove that the defendant, in the course of committing theft and with intent to obtain or maintain control of the property, intentionally, knowingly, or recklessly caused bodily injury or placed the complainant in fear of imminent bodily injury or death. “In the course of committing theft” means conduct occurring in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
Aggravated robbery adds one of three elements: the defendant caused serious bodily injury, used or exhibited a deadly weapon, or committed the robbery against a person who was 65 or older or disabled.
Defense issues
Identity is the most common defense in robbery cases. Robberies are fast, chaotic, and often involve disguises, poor lighting, or traumatized witnesses. Eyewitness identifications are unreliable, and decades of research confirm it. We challenge identification procedures, lineup administration, and the reliability of in-court identifications.
When identity is conceded, the defense often focuses on the level of the offense: whether a weapon was actually used or exhibited, whether there was injury, and if so whether it rose to “serious bodily injury.
See also federal robbery charges.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].