4940 Broadway St, Suite 130
San Antonio, TX 78209
4940 Broadway St, Suite 130
San Antonio, TX 78209
Short answer: In Texas, robbery is a theft in which the person causes bodily injury or threatens someone with imminent injury or death. Aggravated robbery is a robbery that also involves a deadly weapon, serious bodily injury, or a victim who is 65 or older or disabled. Robbery is a second-degree felony (2 to 20 years in prison). Aggravated robbery is a first-degree felony (5 to 99 years or life).
Both charges are serious, and the line between them is often the most important issue in the case. Here is how Texas law draws that line.
Robbery is defined in Texas Penal Code §29.02. A person commits robbery if, in the course of committing theft and with intent to obtain or keep control of the property, he or she:
Two points surprise most people. First, the theft does not have to be completed. Conduct during an attempted theft, or in the immediate flight afterward, counts. Second, the injury can be minor. "Bodily injury" in Texas means physical pain, illness, or any impairment of physical condition. A shove that causes pain can be enough.
Robbery is a second-degree felony: 2 to 20 years in prison and a fine of up to $10,000.
Aggravated robbery is defined in Texas Penal Code §29.03. It is a robbery in which the person also:
Aggravated robbery is a first-degree felony: 5 to 99 years or life in prison and a fine of up to $10,000.
| Robbery | Aggravated Robbery | |
|---|---|---|
| Statute | Penal Code §29.02 | Penal Code §29.03 |
| Core conduct | Bodily injury or threat during a theft | Robbery plus a deadly weapon, serious bodily injury, or an elderly or disabled victim |
| Offense level | Second-degree felony | First-degree felony |
| Prison range | 2 to 20 years | 5 to 99 years or life |
| Maximum fine | $10,000 | $10,000 |
| Parole and probation | Standard rules | Generally must serve half the sentence (at least 2 years) before parole eligibility; no regular probation from a judge after conviction |
A firearm is a deadly weapon by definition. Anything else, such as a knife, a bat, or a vehicle, can be a deadly weapon if, in the way it was used or intended to be used, it was capable of causing death or serious bodily injury. The weapon has to be used or exhibited. Whether the State can actually prove a weapon is one of the most common battlegrounds in these cases.
Serious bodily injury is more than pain or bruising. It means an injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of a body part or organ. Many robbery cases involve injuries that do not meet this standard.
If the person injured or threatened is 65 or older, or is disabled, a robbery becomes aggravated robbery even without a weapon or serious injury.
The gap between the two charges is the gap between a second-degree and a first-degree felony, and between ordinary parole rules and some of the strictest in Texas. That is why a defense lawyer looks hard at the element that makes the case "aggravated." If the weapon cannot be proven, if the injury does not rise to serious bodily injury, or if the age or disability element is not supported, an aggravated robbery charge may be reduced to robbery. Depending on the facts, a robbery charge can sometimes be reduced to theft or assault.
Other issues come up in both kinds of cases: whether the person was correctly identified, whether the force or threat was actually connected to a theft, and whether the police followed the law in gathering evidence.
For more on how these cases are defended, see our robbery and aggravated robbery defense page.
Brian T. Powers is a former felony prosecutor, former magistrate judge, and former police officer. If you or someone you love has been charged with robbery or aggravated robbery, call Brian Powers Law at (210) 222-9446 for a free consultation.
This post was written with AI assistance and reviewed by the Brian Powers Law team for accuracy.
