Texas Penal Code §29.03 Aggravated Robbery — 1st Degree Felony

Statutory elements — § 29.03(a)

Texas Penal Code § 29.03(a) provides that a person commits aggravated robbery if the person commits robbery as defined in § 29.02 and: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) 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.

The robbery predicate. § 29.03 requires the underlying § 29.02 robbery offense first — all robbery elements must be satisfied (course of theft, intent to obtain or maintain control, bodily injury or threat). § 29.03 adds the aggravator on top of the robbery elements.

Three distinct aggravators. Each aggravator is independently sufficient; the state need prove only one. Each carries the same elevated penalty range (first-degree felony, 5 to 99 years or life). The defense focus differs by aggravator.

"Causes serious bodily injury" (a)(1). § 1.07(a)(46) defines serious bodily injury as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ. The threshold is substantially higher than the (a)(1) bodily-injury element of simple robbery — a bruise or scratch satisfies simple robbery but not aggravated robbery.

"Uses or exhibits a deadly weapon" (a)(2). § 1.07(a)(17) defines deadly weapon broadly to include firearms (always), and any other object that in the manner of its use or intended use is capable of causing death or serious bodily injury. Knives, baseball bats, vehicles used to ram, even fists in specific configurations can qualify. The deadly-weapon finding has independent significance for parole eligibility.

"Protected victim" (a)(3). Victim status — 65 or older OR disabled — combined with bodily injury or threat (not requiring serious bodily injury or weapon) elevates simple robbery to aggravated. This subsection is designed to protect the most-vulnerable victims even where the level of force or weaponry would not otherwise support aggravation.

Penalty framework — first-degree felony with 3g status

§ 29.03(b) makes aggravated robbery a first-degree felony. Penal Code § 12.32 sets the punishment range: 5 to 99 years or life TDCJ plus a fine up to $10,000.

3g designation under CCP Article 42A.054. § 29.03 is enumerated in the 3g offenses list. The 3g designation has two major consequences. First, parole eligibility is delayed until the defendant has served calendar time equal to one-half of the imposed sentence, without consideration of good-conduct credit. A 10-year aggravated-robbery sentence becomes parole-eligible at 5 years calendar time; a 20-year sentence at 10 years. Second, judges are barred from granting probation in jury-determined punishment cases for 3g offenses where deadly-weapon findings are made; defendant-elected jury punishment with a 3g offense puts the entire punishment range in TDCJ.

Probation availability. Probation is theoretically available for first-offense § 29.03 cases where the punishment is judge-determined, but the practical availability is constrained. Many 3g cases proceed directly to TDCJ. Deferred adjudication is available in some configurations and can preserve the absence-of-conviction status if successfully completed — though revocation in a 3g case is particularly catastrophic.

Deadly-weapon finding. When the aggravator is (a)(2) deadly-weapon use, the affirmative deadly-weapon finding under CCP Article 42A.054 attaches to the judgment. This has independent consequences: it eliminates judge-determined community supervision, affects future parole eligibility on subsequent offenses, and is reflected on the defendant's criminal-history record permanently.

Habitual offender exposure. Defendants with prior felony convictions facing § 29.03 charges encounter the most severe habitual-offender enhancements. Under § 12.42(d), two sequential prior felony convictions can elevate the punishment to 25 years to life, regardless of the underlying § 29.03 range.

Federal overlap. 18 U.S.C. § 924(c) — use of a firearm in a crime of violence — carries a 5-year mandatory consecutive minimum that adds to any state sentence. For defendants facing concurrent state and federal exposure, the § 924(c) mandatory minimum is a dominant consideration.

Restitution and victim impact. Restitution to victims for medical costs and property loss is mandatory. Victim-impact statements at sentencing are common; the protected-victim aggravator under (a)(3) often produces particularly emotional victim-impact presentations.

Aggravator 1 — Serious Bodily Injury under (a)(1)

The (a)(1) serious-bodily-injury aggravator requires the state to prove bodily injury meeting the § 1.07(a)(46) threshold — substantial risk of death, death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.

Substantial risk of death. Injuries that placed the victim at significant medical risk — stab wounds to vital areas, gunshot wounds, severe head trauma, blunt-force injuries causing internal bleeding. The state typically relies on medical-records evidence and treating-physician testimony to establish this element.

Serious permanent disfigurement. Injuries leaving permanent visible scarring or other lasting disfigurement. Plastic-surgery consultation records and treating-dermatologist testimony are typical. The "permanent" element is contestable — what looks permanent at trial may heal substantially; what appears modest at the time of injury may produce ongoing scarring.

Protracted loss or impairment. Loss of function lasting beyond typical healing time. Examples: nerve damage causing prolonged numbness, vision problems persisting beyond the typical recovery window, joint or muscular impairment requiring physical therapy.

Distinguishing serious bodily injury from regular bodily injury. A bruise, scratch, or moment of pain is bodily injury (§ 1.07(a)(8)) — sufficient for simple robbery (§ 29.02) but NOT for aggravated robbery. A broken bone, hospitalization, or surgical intervention is closer to serious bodily injury and may support § 29.03 aggravation. The line between the two is the central defense contest in (a)(1) cases.

Causation challenges. The state must prove the defendant's conduct caused the serious bodily injury. Where injury occurred during a chaotic struggle with multiple participants, where the victim's pre-existing conditions contributed to the severity, or where intervening events (delayed medical care, complications) compounded the injury, the causation element is contestable.

Defense framing on (a)(1). The most productive defense work involves medical-records review and (where warranted) independent medical expert review. Where the injury, on careful analysis, falls short of the § 1.07(a)(46) threshold, the case should be downgraded to simple robbery — a 10-year reduction in maximum exposure.

Aggravator 2 — Deadly Weapon under (a)(2); Aggravator 3 — Protected Victim under (a)(3)

The (a)(2) deadly-weapon aggravator and the (a)(3) protected-victim aggravator each have distinct elements and defense angles.

(a)(2) Deadly weapon — "uses or exhibits." § 1.07(a)(17) defines deadly weapon. Firearms are always deadly weapons. Other objects qualify if their manner of use or intended use is capable of causing death or serious bodily injury. The state need prove only that the weapon was "used or exhibited" — actual use is not required; mere display can satisfy. "Exhibition" includes verbal claims of possession ("I have a gun") and gestural display (hand-in-pocket suggesting a concealed weapon) in some configurations.

The "what counts as deadly weapon" contest. Knives, baseball bats, broken bottles, and similar objects routinely qualify. Vehicles used to ram or pin can qualify. BB guns and pellet guns sometimes qualify depending on caliber and use. Toy guns that the defendant verbally claimed were real have produced split decisions across Texas appellate courts.

"Used" versus "exhibited" framing. "Used" implies actual employment of the weapon — discharging a firearm, swinging a knife. "Exhibited" reaches mere display. Defense framing on whether mere display satisfies the element matters in cases where the weapon was concealed but communicated through verbal claim.

(a)(3) Protected victim — 65 or older OR disabled. Two paths to the aggravator: victim is 65+, OR victim is disabled within § 22.04(c) definitions. The state need prove only one path. The aggravator does not require serious bodily injury or weapon use — bodily injury alone or threat alone is sufficient when combined with the protected status.

Defendant's knowledge of victim status. § 29.03 does NOT require the defendant to know the victim's age or disability status. The aggravator attaches based on the actual status, not the defendant's awareness. This is a strict-element feature that defendants frequently do not anticipate.

Defense framing on (a)(3). Where the victim's age or disability status is contestable — younger victim than alleged, disability not within the § 22.04(c) definitions — the aggravator can be challenged. The strict-liability feature makes mens-rea defenses unavailable, but element-level proof of the actual status is still required.

Multiple aggravators. Where the same conduct supports multiple aggravators (e.g., deadly-weapon use against an elderly victim with serious bodily injury), the state typically pleads all applicable aggravators. The penalty range is the same regardless of how many aggravators apply, but the strength of the case at trial is greater.

How aggravated robbery cases actually arise

Texas § 29.03 prosecutions cluster around several patterns. The aggravator at issue typically drives the case dynamics.

Armed convenience-store and gas-station robberies. The prototypical (a)(2) deadly-weapon case. Defendant enters a retail establishment with a visible or implied firearm, demands cash, takes property. Surveillance cameras are standard; the deadly-weapon aggravator is generally provable through video evidence. Defense focus shifts to identification (masking, clothing changes, alibi) and to whether the displayed object was actually a deadly weapon.

Carjackings with deadly weapon. Defendant takes a vehicle by force or threat involving a firearm or other weapon. State and federal exposure parallel; 18 U.S.C. § 2119 federal carjacking has its own elements and penalties. The state-federal forum decision is significant.

Home-invasion robberies. Charged as aggravated robbery (§ 29.03) plus burglary of habitation (§ 30.02). The combined exposure is substantial. The deadly-weapon aggravator typically applies where defendants forced entry with a visible weapon.

Strong-arm robberies of elderly victims. The (a)(3) protected-victim aggravator drives many of these cases. Snatching a purse from an elderly woman, taking a wallet from a 70-year-old man at an ATM, robbing a disabled person in a wheelchair — even without a weapon and even where the injury is minor (or absent altogether and just a threat), the protected-victim aggravator elevates simple robbery to aggravated.

Drug-rip cases. Defendant robs a drug dealer, often involving weapons and frequently producing serious injury. Drug-rip robberies often produce major-injury aggravators under (a)(1) where shootings or stabbings occur during the robbery.

ATM and bank-adjacent cases. Robberies of victims at ATMs or just outside banks. The (a)(2) deadly-weapon aggravator is the common path. Federal prosecution under 18 U.S.C. § 2113 is available for actual bank-property robberies.

Restaurant and bar robberies. Late-night closing-time robberies of restaurant or bar staff. Multiple-victim configurations common; multiple counts of aggravated robbery typically result.

Multiple-defendant configurations. Aggravated robbery is frequently charged with multiple defendants under principal-or-accomplice theories. The lookout, the driver, and the inside actor all face § 29.03 liability where the deadly-weapon-using actor is part of the same enterprise. Defense framing on the law-of-parties (§ 7.02) liability is significant.

Defense strategy — the aggravator contest is everything

The defense template for § 29.03 cases has a recognizable structure built around contesting the aggravator.

1. Aggravator contest — the central defense work. Reducing § 29.03 to § 29.02 cuts the maximum exposure by 10 years (from life to 20) and eliminates the 3g designation (parole eligibility changes from 50% calendar time to standard one-quarter). Defense priority is contesting whichever aggravator the state pleads. For (a)(1) cases — medical-records review and injury-threshold analysis. For (a)(2) cases — whether the object qualified as a deadly weapon, whether it was actually used/exhibited. For (a)(3) cases — whether the victim was actually 65+ or qualifying disabled.

2. Identification. Same as simple robbery — the most common contestable element in robbery cases. Photo-array suggestiveness, show-up problems, cross-racial identification reliability, masking, clothing changes, alibi all matter. DNA, fingerprint, and cell-site evidence are independent corroboration but not always present.

3. Course-of-theft element. Same as § 29.02 — the underlying robbery elements must still be satisfied. Where the force or threat is separable from the underlying theft, the entire robbery charge (aggravated or otherwise) can be defeated.

4. Law-of-parties analysis (§ 7.02). Where the defendant is alleged to have participated in a multi-defendant robbery without being the principal actor (driver, lookout, recruiter), the law-of-parties analysis governs. The defendant must have been responsible for the conduct of the principal — solicited, encouraged, directed, aided, or attempted to aid the commission. Defense framing on whether the defendant's knowledge and intent extended to the aggravator (the deadly weapon, the serious injury) is critical.

5. Self-defense or defense of third person. Rare in robbery cases but available in specific configurations. Chapter 9 justifications apply where the defendant's use of force was a legitimate defensive response to the victim's prior threatening conduct.

6. Plea-negotiation to simple robbery. The dominant pretrial outcome in marginal-aggravator cases. Where the deadly-weapon evidence is weak (object characterization uncertain, "used or exhibited" element contestable), where the injury falls short of the serious-bodily-injury threshold, or where the victim's protected status is contestable, the state may agree to dismiss the aggravator and accept a § 29.02 plea. The penalty reduction is dramatic — 20-year maximum vs life, no 3g designation.

7. Mitigation work at sentencing. Where conviction is likely, mitigation work becomes the dominant focus. Clinical evaluations, family circumstances, employment history, and restitution-and-remorse posture affect placement within the 5-99-year range.

First 30 days — what to do

Days 1–3. Retain counsel before any further interview. Aggravated-robbery cases produce intensive law-enforcement investigation including custodial interviews, identification procedures, search-warrant executions, and (for serious-injury cases) crime-scene reconstruction. Do not speak with police, do not consent to lineups, do not allow searches without counsel. Pretrial release is meaningfully harder than for simple robbery — bond amounts are substantial, and detention motions are common.

Days 3–10. Counsel issues preservation letters for all available evidence — venue and neighboring CCTV, body-camera footage, dashcam from responding officers, medical records (for injury aggravator cases), and any forensic-evidence chain of custody. The aggravator-specific evidence is particularly important: medical records for (a)(1), the alleged weapon and surveillance of weapon-display for (a)(2), age and disability documentation for (a)(3).

Days 10–20. Counsel evaluates the aggravator evidence carefully. For serious-injury cases, defense counsel should commission independent medical-records review where the injury threshold is contestable. For deadly-weapon cases, defense should examine the actual object and any surveillance of its display. For protected-victim cases, defense should verify the victim's actual age and disability status. The identification evidence and law-of-parties posture are developed in parallel.

Days 20–30. Counsel opens dialogue with the prosecutor on the aggravator analysis. Where the aggravator is genuinely contestable, the goal is reduction to simple robbery (§ 29.02) at the indictment stage. Where the aggravator is provable, the focus shifts to the underlying-robbery defenses (identification, course-of-theft, mens-rea) and to mitigation work for sentencing. Habitual-offender exposure is analyzed and the predicate convictions are reviewed for challenge potential.

Aggravated robbery cases produce the most consequential charging decisions in the property-crimes category. Defense counsel selected early can substantially affect the trajectory; defense counsel selected late inherits a case where the most consequential decisions have already been made.