In Texas, different types of robbery charges can be filed against you if you are accused of stealing someone else’s property. Robbery charges often involve allegations of stealing, breaking and entering, and other criminal activity. While you might think robbery and burglary are the same thing, they are not. Robbery is considered a violent crime in Texas and involves hurting or threatening to hurt the alleged victim.
A common example of robbery is holding a gun or knife on someone while ordering them to give you their money or property. Keep reading to learn more about robbery charges and how an experienced Houston criminal defense lawyer can help.
Types Of Robbery Charges
In Texas, there are two types of robbery charges. Both require showing the defendant:
- Was in the process of committing theft;
- Had the intention to steal the property; and
- Intentionally, knowingly, or recklessly caused or threatened to cause harm to another person.
To establish aggravated robbery, the prosecution must also show:
- Caused serious bodily injury to another person;
- Used or showed a deadly weapon; or
- Caused or threatened to cause bodily injury or death to an elderly or disabled person.
Possible Penalties For Robbery Charges
Regular robbery is considered a second-degree felony in Texas. Aggravated robbery is considered a first-degree felony. The possible penalties for these offenses include:
- Second-degree felony – Imprisonment in the Texas Department of Criminal Justice between 2 and 20 years and a fine up to $10,000
- First-degree felony – Imprisonment in the Texas Department of Criminal Justice between 5 and 99 years, or life, and a fine up to $10,000
Possible Defenses To Houston Criminal Charges
If you are facing robbery charges, you may have a variety of defenses to protect you from these harsh punishments, such as:
False Eyewitness Account
In some cases, an eyewitness may mistake you for the actual perpetrator of the crime. The witness could make an honest mistake or have a grudge against you.
In the event of a mistaken identity or other false accusation, you may be able to show that you weren’t physically able to commit the crime because you were somewhere else at the time the crime was committed.
To commit “robbery” you must be trying to “steal” something. If you were the true owner of the property and were just trying to get it back, this would not be robbery.
If someone threatened they would hurt you if you didn’t commit the crime, you may be able to assert a defense based on duress. The same goes if they threatened to hurt a family member.
Lack Of Evidence
It is the prosecutor’s job to prove that you committed every element of the crime by proof beyond a reasonable doubt. If there is any missing element or insufficient evidence to support the case against you, you should not be found guilty.
Let A Knowledgeable Texas Criminal Defense Attorney Fight To Protect Your Rights
Robbery charges are serious criminal charges that warrant a serious defense. The skilled criminal defense attorneys at Vinas & Graham, PLLC have more than 30 years of legal experience. We will use this extensive experience to vigilantly protect your rights. We will lodge a personalized legal defense in your case to reduce or eliminate the consequences of conviction.