4940 Broadway St, Suite 130
San Antonio, TX 78209
4940 Broadway St, Suite 130
San Antonio, TX 78209
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A robbery or aggravated robbery charge is a felony from the start. Robbery is a second-degree felony in Texas. Aggravated robbery is a first-degree felony, the same level as murder, with a punishment range that reaches life in prison. If you or someone you love was just arrested, what happens in the next few weeks matters.
Brian T. Powers has handled these cases from every side of the courtroom: as a police officer, as a felony prosecutor, and as a magistrate judge. He now defends people charged with robbery and aggravated robbery in San Antonio and Bexar County. That background means he knows how these cases are built, where they tend to be weak, and what prosecutors look at when deciding whether to reduce a charge.
Texas splits robbery into two offenses. Both start with theft. What turns a theft into a robbery is force, injury, or a threat used while committing it.
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:
Robbery is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.
Aggravated robbery is a robbery plus one of these factors:
Aggravated robbery is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
For a side-by-side breakdown of the two charges, read Robbery vs. Aggravated Robbery in Texas: What's the Difference?
No. People often say "armed robbery," but the Texas Penal Code does not use that name. A robbery committed with a gun, knife or other deadly weapon is charged as aggravated robbery under §29.03. If you were told you are facing an armed robbery charge in Texas, the paperwork will almost always say aggravated robbery.
Theft is taking property without the owner's consent. Robbery is theft plus force, injury or a threat against a person. That difference is huge at sentencing. Shoplifting a $50 item is a Class C misdemeanor theft. The same stop becomes a second-degree felony robbery if the State says you hurt or threatened someone while trying to get away.
The theft does not have to succeed. Texas law counts conduct during an attempted theft, during the theft itself, and in the immediate flight afterward. That is why a shoplifting case can become a robbery case in seconds. If someone walks out with merchandise, gets stopped by store security, and pushes past the guard causing minor pain, the State can charge robbery even though the item was worth a few dollars.
A firearm is a deadly weapon by definition. So is anything that, in the way it is used or intended to be used, is capable of causing death or serious bodily injury. A knife, a bat, a vehicle, or even a heavy object can qualify depending on how it was used. Whether a deadly weapon was actually used or shown is often the single biggest fight in an aggravated robbery case, because it is the difference between a second-degree and a first-degree felony.
Aggravated robbery is on the list of offenses Texas handles most strictly. After a conviction, a person generally must serve half of the sentence, with a minimum of two years, before becoming eligible for parole. A judge also cannot place a person on regular probation after convicting them of aggravated robbery. In some cases, deferred adjudication or probation recommended by a jury may still be possible, and whether either fits your situation is one of the first things to talk through with your lawyer.
A defendant's criminal history can push the range higher under Texas Penal Code §12.42. A robbery charge with one prior felony conviction can be punished as a first-degree felony, 5 to 99 years or life. An aggravated robbery with one prior felony conviction carries a minimum of 15 years. With two prior felony convictions in the right sequence, the range becomes 25 to 99 years or life, which is sometimes called the Texas "three strikes" or habitual offender rule. Whether a prior conviction actually qualifies as an enhancement is a legal question your lawyer should check, because the State does not always get it right.
A sentence to prison is served in the Texas Department of Criminal Justice (TDCJ). That is why the first question in most aggravated robbery cases is not only "can we win" but "can we keep this from becoming a first-degree felony with a deadly weapon finding."
Most people picture someone holding up a convenience store. Real cases are often messier:
In each of these, the facts that decide the charge (was there force, was there a threat, was there a weapon, how badly was anyone hurt) are frequently disputed. That gives a defense room to work.
Every case is different, but most follow a similar path:
The work starts with your account of what happened. From there, we get the State's discovery, which usually includes police reports, body camera and dash camera video, surveillance footage, 911 calls, witness statements, and any forensic evidence. Then we look for what the police did not collect: other video, other witnesses, phone records, and anything else that tells a different story. When it helps, we bring in an investigator or an expert.
Common defense issues in these cases include:
Before trial, prosecutors have the discretion to offer a plea agreement. Depending on the facts and your history, that can include deferred adjudication, probation, or a reduction to a lesser charge. Aggravated robbery can sometimes be reduced to robbery, and robbery can sometimes be reduced to theft or assault, including misdemeanor offenses. No outcome is guaranteed, but the strength of the defense investigation directly affects what is offered. If no fair agreement is possible, we prepare the case for trial.
Robbery cases are built by police and charged by prosecutors who follow predictable steps. Brian Powers has done that work himself. As a former police officer he knows how investigations and identifications are actually done in the field. As a former felony prosecutor he knows how the State evaluates a case and what makes it willing to reduce one. As a former magistrate judge he knows how bond and probable cause decisions are made. He uses that experience to test the State's case at every stage.
Yes. Robbery is a second-degree felony and aggravated robbery is a first-degree felony. There is no misdemeanor robbery, although a robbery charge can sometimes be reduced to a misdemeanor theft or assault.
A judge cannot grant regular probation after an aggravated robbery conviction. Deferred adjudication or jury-recommended probation may be possible in some cases. Your eligibility depends on the facts and your history.
A threat that puts someone in fear of imminent injury can be enough for robbery even with no injury. But if the State cannot prove a deadly weapon, serious bodily injury, or an elderly or disabled victim, it cannot prove aggravated robbery.
Life in prison. Aggravated robbery is a first-degree felony with a range of 5 to 99 years or life and a fine of up to $10,000. Prior felony convictions can raise the minimum to 15 or 25 years.
Sometimes. If the State cannot prove a deadly weapon, serious bodily injury or an elderly or disabled victim, aggravated robbery can be reduced to robbery. Robbery can sometimes be reduced to theft or assault. A reduction usually comes from a defense investigation that exposes a weak spot in the State's case.
No. Talk to a lawyer first. Statements made to "clear things up" are one of the most common ways the State fills gaps in its case.
If you have been charged with robbery or aggravated robbery in San Antonio, call Brian Powers Law at (210) 222-9446 for a free consultation. We will go over the charge, the evidence, and your options.