People should consult an attorney whenever they are arrested for a variety of reasons. One of the main reasons to do so in Texas is the many distinctions that exist within criminal charge categories. All States dictate their own laws and punishments regarding crimes and law enforcement. Some crimes, for example, carry mandatory penalties, if those accused are found guilty. In order to ensure the that rights are not violated, and to have time to build a strong defense case, those arrested need to hire a criminal defense attorney as soon as possible.
The attorney can first explain the seriousness of the charges, and let the accused know what to expect. That can be completed in the initial consultation, along with a discussion of the circumstances of the situation, and the detailed account of the incident in the words of the person charged. It is important to realize the distinctions of the charges. The differences can be dramatic. Robbery, for example, in Texas, has three categories. Robbery is a second degree felony, which carries the possibility of two to twenty years in prison, if the accused is convicted. Aggravated robbery is considered a first degree felony that carries a penalty of five to ninety-nine years, or life, in prison, for those convicted.
There are three conditions that dictate the charge of aggravated robbery, as opposed to robbery. One is the exhibition or use of a deadly weapon during the crime. That can be a gun, knife, hammer, or even a heavy rock. If the crime results in serious bodily injury, the charge can be elevated. It is irrelevant whether or not the injury was intentional. If a security guard trips and requires stitches during the crime, the prosecutor can argue for aggravated robbery. If the crime was against a person sixty-five years of age or older, it is aggravated robbery. The accused may have had no knowledge of the age of the victim, but that may not be considered when deciding upon the charges. An experienced defense attorney can help with a strong case against criminal charges. Do not hesitate to contact legal representation immediately after any arrest.
