Ft. Worth Robbery Defense Attorney
Defense for Robbery & Aggravated Robbery Charges
According to Texas Penal Code §29.02, one could 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.
While similar to this, Texas Penal Code §29.03 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"
Since aggravated robbery is a more serious offense, it is prosecuted as a felony in the first degree. Although the decided severity of most theft crimes will correlate with the value of the stolen property, this would not apply to the crime of robbery.
Rather, all that must be established is 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—which is described as the act of unlawfully appropriating property with the intent to deprive the rightful owner of it.
How many years in prison could I be facing?
While not all crimes will follow the same sentencing guidelines, even if they are considered to be on the same level of severity, Chapter 12 of the Texas Penal Code outlines "ordinary" felony and misdemeanor punishments. Since robbery is a second degree felony, the potential penalties for this crime are outlined in §12.33.
According to this statute, one could be sentenced to imprisonment in the Texas Department of Criminal Justice for a term of 2 to 20 years.
Since aggravated robbery is a first degree felony, §12.32 states that one could be sentenced to prison for life or a term of 5 to 99 years.
Possibilities of a Reduced Sentence
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 another person bodily injury
- Threatened to inflict bodily injury during the commission of a theft
If they are unable to do so beyond a reasonable doubt, you may have a good chance of reducing your charges to a lesser theft offense. This would subsequently mean that the severity of your charges would be based on the value of the property that was stolen. If it was valued at less than $1,500, you could only be charged with a misdemeanor.
Work with Defense Attorney Samuel R. Terry Today!
If you have been accused of committing robbery or aggravated robbery, the Fort Worth criminal lawyer at The Law Office of Samuel R. Terry wants to hear from you. Not only are we available to take your call 24/7, but an initial consultation won't cost you a thing.
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