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Robbery vs. Aggravated Robbery in Texas: Key Differences
John D.
Robbery is a serious crime in Texas, but with a few added elements, say a weapon or a serious injury, it becomes a more serious aggravated robbery. It is important to understand the difference between these two offenses if you or someone you know is facing charges. Let’s look at the difference between robbery and aggravated robbery under Texas law.
What Is Robbery in Texas?
Stealing is only one aspect of robbery. According to Section 29.02 of the Texas Penal Code, robbery occurs when someone steals something and either injures the victim or threatens to do so. Stated differently, it is stealing accompanied by violence or the fear of violence.
You do not have to carry a weapon to be charged with robbery. The main topic of discussion is the use of force or the threat of using force when stealing. Robbery can even include throwing someone down while snatching their phone.
Example:
If someone snatches a woman’s purse and shoves her to the ground in the process, that’s not just theft, it’s robbery.
What Is Aggravated Robbery in Texas?
Section 29.03 of the Texas Penal Code defines aggravated robbery. It is a more severe kind of robbery with more dire repercussions. Any of the following situations can make a robbery worse:
- During the crime, a lethal weapon is either displayed or utilized.
- The sufferer sustains severe physical harm.
- The victim is crippled or elderly (65 years of age or older)
A knife, pistol, or simply an item that has the potential to kill or seriously injure someone might be considered a lethal weapon. Robbery can be converted to aggravated robbery only by displaying the weapon or suggesting that it is present, even if it is not utilized.
Main Differences Between Robbery and Aggravated Robbery
Let’s look at what separates these two charges.
1. Use of a Weapon
- Robbery: No weapon is needed
- Aggravated Robbery: Involves an actual or threatened lethal weapon
2. Level of Injury
- Robbery: There may be only a threat or only minor injuries
- Aggravated Robbery: Needs to include bodily damage or severe injury
3. Victim’s Condition
- Robbery: The Victim can be any person
- Aggravated Robbery: Even in the absence of a weapon or injury, a robbery is automatically considered aggravated if the victim is elderly or incapacitated
4. Penalty
- Robbery: Second-degree felony
- Aggravated Robbery: First-degree felony
Penalties for Robbery and Aggravated Robbery in Texas
Robbery (Second-Degree Felony)
- Between 2 to 20 years in prison
- $10,000 in fines
- Depending on the circumstances and criminal history, probation may be possible
Aggravated Robbery (First-Degree Felony)
- 5 to 99 years in jail or life in prison
- $10,000 in fines
- Probation is less likely, particularly if a weapon was used or someone was gravely injured.
Unless you are pardoned or have your record expunged, which is uncommon for serious crimes, both acts are felonies and will remain on your record for the rest of your life.
Real-Life Examples in Texas
Robbery: A woman is followed by a man in a parking lot. He grabs her purse and pushes her to the floor. Fortunately, she was not seriously injured, but reported it because she was afraid. Because he used physical force to steal, this is robbery.
Aggravated Robbery: A second man enters a tiny shop with a knife. He threatens the clerk with it and removes cash from the register. The knife is in plain sight, but no one is harmed. Because he threatened with the knife even if he didn’t use it, this is aggravated robbery.
Even if the crime were unarmed, it would still be considered aggravated robbery if the same clerk were 70 years of age or incapacitated.
How Texas Prosecutors Decide the Charge
When Texas police and prosecutors decide how to charge a suspect, they look at several things:
- Did the suspect use or display a weapon?
- Was the victim injured severely?
- Did the suspect target a vulnerable victim (like the elderly or disabled)?
- Did the suspect make a clear, specific threat or threats?
- What do the surveillance cameras show?
- Are there any witnesses or witnesses that can be found?
In addition to these factors, the prosecutor will also check your criminal history. If you have multiple prior convictions for theft or assault, they may make a greater push for you to be charged with the aggravated offense, and you may be facing a significantly greater punishment.
Defenses Against Robbery Charges
If you have been charged with robbery or aggravated robbery, you should not assume that you are guilty. There may be several defenses available depending on the facts:
1. Lack of Intent: You must have a purpose to steal. If there was no intention to steal, this may not constitute robbery.
2. No Threat or Use of Force: Again, if you did not hurt, push, or threaten anyone, this may be theft, not robbery.
3. Wrong Accusation or Wrong Identity: Perhaps someone else committed the crime, and you are being accused incorrectly.
4. No Weapon Was Present: If you are charged with an aggravated robbery, but no weapon was produced or shown, this could serve as a reasonable defense that your charge should only be a robbery charge instead of an aggravated robbery.
A qualified defense attorney will look at the evidence, contact any witnesses, and present a case to argue your version of events in court. Do not assume, because you are being accused of robbery, that you have to defend yourself. In Texas, robbery laws are strict, and the penalties are serious.
What to Do If You’re Charged
If you are arrested for robbery or aggravated robbery in Texas, follow these steps:
1. Remain Silent: Don’t speak to police or investigators without legal representation present. Police can and will use anything you say against you.
2. Get legal help: The quicker your defense attorney works on your case, the better your chance of having the charges lessened or disputing the facts.
3. Secure evidence: If you have an alibi, a witness who can prove you were not involved, or a video that can also prove you were not involved in the robbery, provide copies of that evidence to your lawyer.
In felony charges, timing is crucial. The sooner you can get an attorney to develop a defense, the stronger your case will be at trial.
To Summarize
In Texas, robbery and aggravated robbery are very serious crimes. Aggravated robbery is even more serious. The law increases the severity of the offense very quickly if there is a weapon, someone is seriously injured, or the victim is aged or disabled. There are more severe consequences to aggravated robbery, and knowing the law can help you remain informed and avoid experiencing criminal trouble, which could change your life forever.
If you’ve been charged with robbery or aggravated robbery, the knowledgeable attorneys at L&L Law Group can help protect your rights and fight for your future. Contact us today for a private consultation.