If you were arrested for Aggravated Robbery, then you have been accused of an aggravated felony offense that has the potential for a lengthy prison sentence. It is critical that you are represented by an attorney experienced in defending Aggravated Robbery cases. Criminal defense attorney Waren Price is a former district attorney who has both prosecuted and defended Aggravated Robbery cases. He knows how the prosecution will approach your case, and he knows how to defend against it. He has successfully handled many Aggravated Robbery cases.
*** Payment Plans are Available ***Understanding the Texas Aggravated Robbery Law
The Texas law governing Aggravated Robbery is found in Chapter 29 of the Texas Penal Code. Section 29.03 sets out the elements for the offense of Aggravated Robbery.
A person commits Aggravated Robbery if 1) the person commits the offense of Robbery, and 2) the person does one of the following:
- causes serious bodily injury to another person;
- uses or exhibits a deadly weapon in committing the offense; or
- causes bodily injury or threatens injury or death to a person that is:
- 65 or older; or
- a disabled person.
Very little evidence of actual injury is necessary to prove bodily injury. Bodily injury can be as insignificant as redness, bruising or minor physical pain; however, serious bodily injury must be much more extreme. Proof of serious bodily injury requires evidence of a lengthy loss of the use of a bodily member or organ, serious risk of death, or severe permanent disfigurement.
In order to commit an Aggravated Robbery, the person must, in the process, commit the offense of Robbery. A person commits the offense of Robbery if:
- the person commits a theft; and
- while attempting to get control or keep control of the stolen property, the person:
- intentionally, knowingly or recklessly causes bodily injury; or
- intentionally or knowingly threatens another person with bodily injury or death.
Aggravated Robbery is a first degree felony. This means that it carries a range of punishment which includes the possibility of life in prison. Even first time offenders often face serious consequences for this offense. The lesser offense of Robbery is a second degree felony. It carries a maximum sentence of 20 years in prison. These are offenses that can have catastrophic consequences. It is critical that anyone charged with this type of offense hire an experienced and aggressive defense attorney.
Range of Punishment
- Aggravated Robbery | 1st Degree Felony | 5 – 99 years or Life, and a fine of up to $10,000.00
- Robbery | 2nd Degree Felony | 2 – 20 years, and a fine of up to $10,000.00
The circumstances and the evidence will effect what defenses are available in your Aggravated Robbery case. Criminal defense attorney Waren Price will work with you to craft a defense to the State’s case against you. If you are innocent of Aggravated Robbery, then you should not plead guilty to the charge. You should demand a jury trial and require that the State be put to their burden of proof of beyond a reasonable doubt.
While the unique facts of your case will enable your criminal defense attorney to tailor the right defense to your Aggravated Robbery charge, the following are a few of the more common defenses to Aggravated Robbery in Texas:
- Misidentification of suspect: Eye-witness testimony is notoriously unreliable when it comes to the identification of otherwise unknown violent offenders. Many police agencies rely on witness lineup procedures that are decades old and fail to take into account any of the more recent science related to eye-witness identification. If a faulty eye-witness identification led to your arrest, you need to hire a criminal defense attorney that will challenge that misidentification for you.
- No intent to commit theft: In order to commit a robbery, there must be intent to commit theft of property. If there was no theft and no intent to commit theft, then there was no robbery and no Aggravated Robbery. Negating the element of theft may not eliminate the prosecution entirely, as there may otherwise be evidence to support a lesser offense.
- No deadly weapon: If a deadly weapon is alleged to have been used in the commission of an Aggravated Robbery, then the evidence must prove the presence and use of the deadly weapon beyond a reasonable doubt. Only a firearm is a deadly per se. Any other object alleged to be a deadly weapon must be supported by proof that the object was either used or intended to have been used in a way that could cause death or serious bodily injury. Absent proof of this use or intended us, there is no deadly weapon. Negating this allegation of a deadly weapon may lead to a reduction of the Aggravated Robbery charge to a lesser non-aggravated offense.
- No serious bodily injury: Often an allegation of serious bodily injury is made in an Aggravated Robbery case without sufficient evidence to support injury of such a severe nature. Serious bodily injury under Texas law is not simply a “serious” injury. Serious bodily injury requires long term loss of use of a bodily member or organ, serious risk of death, or severe and permanent scarring and disfigurement. Absent evidence of injury of this nature, there may be insufficient proof of the serious bodily injury necessary to support a conviction for Aggravated Robbery.
If you or a loved one face the serious charge of Robbery or Aggravated Robbery, you need an attorney that has been there before. Waren Price has handled many Robbery and Aggravated Robbery cases over his 20 year career as a prosecutor and defense attorney. He can help you.
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