Whether you were robbing to feed your family or make ends meet, Texas law is hard on those accused of aggravated robbery. The crime is more severe than robbery because it includes circumstances that are deemed aggravated by the court.
Being convicted of aggravated robbery has the potential to permanently stay on your criminal record and make it challenging to pursue certain educational or professional opportunities.
Houston Aggravated Robbery
Brian Benken is a compassionate attorney with the ability to make the nightmare of becoming a convicted felon seem less frightening. With over 30 years of trial experience, Brian Benken is a veteran who knows how to navigate the legal process.
The Benken Law Firm defends clients of felony crimes in every area across Harris County and surrounding counties such as West University Place, Spring Valley Village, Goldcrest, Houston, Greater East End and many more. To schedule a free case consultation with The Benken Law Firm, call (713) 223 - 4051 today.
Overview of Aggravated Robbery In Houston, TX
How does Define Texas Aggravated Robbery?
Aggravated robbery, sometimes referred to as armed robbery, is an elevated robbery charge. You can’t define aggravated robbery without first defining robbery. Section 29.02 of the Texas Penal Code defines robbery as the:
- Committing of theft with the intention to obtain or maintain control of property while intentionally, knowingly or recklessly causing bodily injury or threatening to place another in fear of imminent bodily injury.
What sets aggravated robbery apart from robbery is that you intentionally took something and did any of the following:
- Caused serious bodily injury
- Used or displayed a deadly weapon
- Caused bodily injury, or placed someone one 65 and older or a disabled person in fear.
An example of aggravated robbery would be if you pointed a gun at another person and demanded they give you their wallet, or if you shot that person during the process of robbing them.
Aggravated Robbery Sentencing in Texas
To be convicted of aggravated robbery, it must be proven beyond a reasonable doubt that you took another person’s property against their will and intentionally caused serious bodily injury, used or exhibited a deadly weapon.
A robber’s danger doesn’t end when they’ve escaped their victims. If convicted, you could be charged with a first-degree felony. A first-degree felony is one of the states harshest criminal punishments behind capital felony. It can entail five to 99 years or life in prison. You could also be required to pay up to $10,000 in fines.
What is Serious Bodily Injury?
One of the most significant factors that sets aggravated robbery apart from robbery is the occurrence of serious bodily injury. As the name implies, serious bodily injuries are more severe than bodily injuries.
Section 1.07 (a)(46) of the Texas Penal Code defines serious bodily injury as:
- Injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, protracted loss or impairment of the function of any body part or organ.
Some examples of serious bodily injury can include gunshot wounds, stab wounds, broken bones, traumatic brain injuries and loss of limbs.
What is Considered a Deadly Weapon?
Using a deadly weapon during a robbery is another factor that can lead to an aggravated robbery charge. Just about anything can be considered a deadly weapon, even your bare hands, but Texas law defines it as:
- A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury: or
- Anything that in the manner of use or intended use is capable of causing death or serious bodily injury.
A deadly weapon can be an everyday object that you wouldn’t consider a deadly weapon such as pillows, golf clubs and forks. A firearm is always deemed a deadly weapon, even when it isn’t loaded.
Collateral Consequences of an Aggravated Burglary Conviction
There is a mistaken belief sometimes that you are convicted of a crime and serve your prison sentence, then you will have paid your debt to society – and that’s the end of it. However, that is a misconception. If you are convicted of an aggravated burglary offense, it’s important to understand that a criminal record can severely affect your future. Some examples of collateral consequences include:
- Loss of rights
- Difficulty obtaining employment
- Immigration issues, including deportation
- Loss of professional licenses
- Restrictions in traveling to other countries
- Eligibility for housing
- Loss of the right to own and use a gun
- Loss of the right to vote
- Loss of driving privilege
Aggravated Robbery | Texas Penal Code– Follow the link to read through chapter 29 of the Texas Penal Code that governs robbery and aggravated robbery in the state. You can read the precise legal definition of each crime and the penalties that come with it. The statute can be read on the Texas Constitution and Statutes website.
Texas Penal Code Definitions– Visit FindLaw to read the definitions of serious bodily injury and deadly weapon. You can also read through other definitions such as what the state considers a peace officer, public place and harm. FindLaw is an online legal information and service for individuals and lawyers.
FBI’s Uniform Crime Reporting (UCR) Program: Robbery – Access the official website for the FBI’s Uniform Crime Reporting (UCR) Program. You can see view their definition of robbery and important statistics.
Houston Aggravated Robbery Attorney | Harris County, TX
Brian Benken is a trusted attorney with over 30 years experience. He is also a licensed private investigator who knows how to handle investigations and the criminal process. The legal system can be overwhelming. Let Brian Benken be with you every step of the way. Take the first step in building your defense. Contact The Benken Law Firm today.
The Benken Law Firm represent clients in all communities such as The Heights, Bellaire, River Oaks, Sunny Side, Hunters Creek Village, Gulfton, Harris County and surrounding counties. To schedule a free consultation with The Benken Law Firm, call (713) 223 - 4051 today.