What is Aggravated Robbery Under Texas Law?
Under Texas law, robbery is the crime of theft combined with a threat to harm or actually harm someone. Robbery is a second-degree felony in Texas. Under certain circumstances, robbery is escalated to the more serious crime of aggravated robbery (commonly known as “armed robbery”).
Robbery becomes aggravated robbery under the following situations:
1. The defendant was armed or had a deadly weapon. A deadly weapon is typically a firearm or knife but includes any item that could cause death or serious bodily injury (i.e., a bat).
2. The defendant causes serious bodily injury to another individual.
3. The defendant threatens to cause serious bodily injury or death to an individual 65 years or older or a disabled person. Texas law defines a disabled person as an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm. The elderly or disabled person does not need to have actually suffered any harm, just the threat can make it aggravated.
Bodily injury is defined as contact that results in pain. Serious bodily injury is an injury that causes a permanent or protracted loss of a bodily part or organ. Examples of serious bodily injury include blindness, deafness, paralysis, severely broken bones, spinal injuries, scarring, or loss of limb.
What are the Penalties for Aggravated Robbery in Texas?
Aggravated robbery is considered a very serious crime in Texas and carries severe penalties. If you have been accused of aggravated robbery in or around the DFW Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, Kaufman County, Grayson County, Wise County, Rockwall County, Travis County, Bexar County, Parker County, Ellis County or towns like Irving, Plano, Frisco, Allen, Richardson, Fort Worth, Flower Mound, Denton, Lewisville, Garland, Mesquite, Arlington, Bedford, Sherman, Duncanville, Decatur, Waco, Houston, Austin, San Antonio, and Rockwall, it is critical to immediately reach out to a qualified criminal defense attorney. Philip D. Ray is a top criminal defense lawyer and defends clients in these areas. He is familiar with the court system and experienced in defending his clients properly.
A conviction for aggravated robbery is life-changing and needs to be avoided whenever possible. In Texas, aggravated robbery is a first-degree felony, even if it is your first offense and you have no criminal history. The punishment for a first-degree felony ranges from a minimum of five years to 99 years of life in prison. Additionally, you may be fined up to $10,000.
Your chance of getting probation if you are convicted of aggravated robbery is limited. You cannot get probation from the judge after the trial. Only the jury can grant probation for an aggravated conviction charge in Texas and that is not likely. Furthermore, the jury can only grant probation if certain requirements are met, such as never having been convicted of a felony. Probation is typically not offered as a plea bargain by the prosecution.
Obviously, the sentencing range of five to 99 years or life is very broad. If you do get convicted, you want an experienced criminal defense lawyer to fight to get you the shortest sentence possible. Your attorney should present evidence of mitigating factors that should result in a lesser sentence. Examples of mitigating factors that a judge can consider in Frisco include:
• Your role in the offense – Your attorney can show that you were not the main offender and only had a relatively minor role in the aggravated robbery.
• Acknowledgment of wrongdoing and remorse – Your attorney can explain that you accepted responsibility for your crimes and showed remorse.
• Influence of drug or alcohol – Acting under the influence of alcohol or drugs is not an excuse, but your attorney can argue that you only committed the crime because you were under the influence.
• Difficult personal history – Your attorney can explain that your traumatic upbringing or family circumstances led to your criminal conduct. For example, you could show how the abuse you suffered as a child led to criminal behavior.
• Unusual circumstance – Evidence can be introduced that you were acting under great personal stress and your actions were out of character due to temporary emotional difficulty or significant provocation.
What Should You Do If You Are Facing Aggravated Robbery Charges in Frisco?
If you or someone you know is facing aggravated robbery charges, you should immediately reach out to a local criminal defense attorney, like attorney Philip Ray. Aggravated robbery charges are complex, and you will need a dedicated attorney by your side to avoid conviction or life-changing punishment. Your attorney should investigate your case and prepare a thorough and aggressive defense. Having a qualified criminal defense attorney on your side is the best chance at protecting your freedom.
Speak to an Experienced Frisco Criminal Defense Attorney
Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against aggravated robbery charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.