Robbery & Aggravated Robbery
Have you been charged with a robbery offense? If so, it’s important to know the basics of what makes a robbery or an aggravated robbery and the risks involved.
Under the Texas Penal Code, robbery falls into two categories: Robbery and Aggravated Robbery.
- Robbery (Penal Code 29.02) involves Person in the course of committing theft with intent to obtain or maintain control of the property, intentionally, knowingly or recklessly causes bodily injury to another OR threatens or places another in fear of imminent bodily injury or death. This is a 2nd Degree Felony which carries a range of punishment between 2 and 20 years in prison.
- Aggravated Robbery (Penal Code 29.02) involves a person committing a robbery as described above and causing serious bodily injury to another or using or exhibiting a deadly weapon, or threatens or places in fear of imminent bodily injury someone 65 years of age or older or a disabled person. This is a 1st Degree Felony which carries a range of punishment between 5 years and 99 years or life in prison.
Many people have the stereotypical idea of robbery in there head as the guy who robs a convenience store or a bank. Actually, even the situation of a shoplift where the suspect pushes past store security and causes them minor pain constitutes a robbery under the definition of the law. Further, its important to note that an aggravated robbery can sometimes carry sentences in which half the term must be served in prison before the suspect is eligible for parole.
WHAT DO I DO?
The first thing you do is (1) invoke your Constitutional Right to remain silent. Speak to no one about the incident other than your attorney with whom you have privilege. Second, (2) consult with attorneys to find the one who fits best with you. It’s important to have an attorney familiar with the law representing you in court. Third, (3) make sure you follow the terms of your agreement with your bond company and your pretrial officer. Many times, this involves checking in after every court setting. Sometimes bond conditions will include GPS, weekly check-ins, and drug testing. Failure to do these things may result in your bond being revoked and you getting another trip to the jail.
The felony process for you from the date of arrest typically revolves around when you were arrested by the police. If you are arrested the date or soon after the offense takes place, then your case will have a pretrial setting in court where your attorney can confer with the prosecutors. Next if your case is not disposed of first, your case will be presented to a grand jury to see if probable cause exists to indict you. After the case is indicted, your case moves slowly towards a trial date when a jury will determine your case.
WHAT DOES MY ATTORNEY DO?
Your attorney’s job is to first confer with you to determine what happened. Next, the attorney is provided discovery by the state which typically includes police reports, surveillance videos, 911 calls, scientific evidence and whatever else may have been collected in the process of the police investigation. Next, your attorney must determine if evidence still exists which could help your case, whether experts are necessary to help explain to a judge or jury the merits of your case, and an investigator to explore parts of your case that weren’t considered by the State.
After the evidence and investigation has been collected and reviewed, the next step is determining the strategy with you as to preparation for conferring with the State or arguing your case in a trial. Prior to trial, the State has the discretion to work a plea bargain out with you that could include a form or probation or deferred adjudication or even a reduction to a lesser charge. Many times, a robbery can be reduced to a misdemeanor theft or assault. If no agreement can be had, the next step forward is preparing for a trial.
WHAT DO I DO NOW?
Simple, call lawyers and start discussing your options and decide who to hire. Contact my office at (210) 222-9446 for a free consultation.