In Texas, robbery is the crime of taking or attempting to take property from another person by force, threat of force or by putting the victim in fear. For this reason, robbery is classified as a crime of violence.
The elements of robbery and the penalties that apply to this second-degree felony are set out in Texas Penal Code § 29.02. If the robbery involves the exhibition of a firearm, then the crime can be charged as "Aggravated Robbery with a Deady Weapon" which comes with more serious penalties. Aggravated robbery is charged as a first-degree felony in Texas.
In many of robbery and aggravated robbery cases, the criminal defense attorney will argue that the identification of the defendant as the robber is undermined by other evidence. Law enforcement officers with the San Antonio Police Department and the Bexar County Sheriff's Office often use lineup procedures that are unduly suggestive and taint the identification.
The attorney must be able to contest fingerprint or DNA evidence presented to the jury, if any. Most importantly, the criminal defense attorney must show discrepancies in witness statements. The prosecutor will often argue that the testimony of a single eyewitness can be sufficient to support a conviction even without physical evidence that links the accused to the crime.
Under Texas law, if sufficient evidence is presented at trial, the jury alone decides whether to believe eyewitness testimony and how to resolve any conflicts or inconsistencies in the evidence. For these reasons, it is important to have an experienced criminal defense attorney who can present an aggressive defense against any criminal accusation involving robbery or aggravated robbery in the greater San Antonio area.
Attorney for Robbery Crimes in San Antonio, TX
If you were charged with robbery or aggravated robbery in the greater San Antonio area then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Don Flanary represents clients throughout San Antonio and Bexar County, Texas.
With offices in San Antonio, TX, Don Flanary represents clients charged with a wide variety of violent crimes throughout Bexar County and the surrounding counties including Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call for a free consultation to discuss your case. During the consultation, you can talk with the attorney about the pending charges, possible penalties for those charges, and important defenses that can be asserted at every stage of the case. Call (210) 738-8383 today.
Call (210) 738-8383 today.
Elements of Robbery under Penal Code § 29.02(a)
The crime charged robbery with bodily injury charged under Texas Penal Code Section 29.02 requires proof of the following elements that must be proven at trial beyond all reasonable doubt:
- during the course of committing theft;
- with intent to obtain and maintain control of property of another;
- the defendant intentionally, knowingly, or recklessly causes bodily injury to another or
- the defendant he intentionally or knowingly threatens or places another in fear of imminent bodily injury.
Robbery is charged as a second-degree felony.
Enhanced Penalties for Aggravated Robbery in Texas
Under Texas law, the crime of aggravated robbery requires proof of each element of robbery plus an aggravating factor. The most common aggravating factor in a robbery case is the use or exhibition of a firearm or other deadly weapon under Tex.Penal Code § 29.03 (a)(2).
For purposes of the robbery statute in Texas, the term “in the course of committing theft” is defined as “conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt of the commission of theft.” Id. § 29.01(1). If “in the course of committing theft” could not be proven at trial, then the theft and the assault were separate events, and the defendant could not be found guilty of robbery or aggravated robbery.
The crime of aggravated robbery is charged as a first-degree felony.
Definitions Used in the Texas Robbery Statute
For purposes of the robbery statute in Texas, the term “possession” is defined to mean actual care, custody, control or management of property. The term “in the course of committing theft” means conduct that occurs in an attempt to commit, during the commission or in immediate flight after the attempt or commission of theft.
The term “bodily injury” means physical pain, illness, or any impairment of physical condition, including death. The term “attempt” means to commit an offense occurs if, with specific intent to commit an offense, a person does an act amounting to more than mere preparation that tends, but fails, to effect the commission of the offense intended.
“Theft” is the unlawful appropriation of the corporeal personal property of another with the intent to deprive such person of said property. “Appropriation” and “appropriate” mean to acquire or otherwise exercise control over property other than real property. Appropriation of property is unlawful if it is without the owner's effective consent.
“Property” as used herein means tangible or intangible personal property or documents, including money that represents or embodies anything of value. “Deprive” as used herein means to withhold property from the owner permanently.
“Effective consent” means assent in fact, whether express or apparent, and includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by deception or coercion or force or threats.
“Owner” means a person who has title to the property, possession of the property, or a greater right to possession of the property than the person charged.
This article was last updated on Tuesday, January 3, 2016.