Robbery Lawyers in Austin

Types of Robbery Charges in Texas

In general, robbery is defined as taking another person’s property or money without their consent through force or threats of force. Depending on the value of the property allegedly stolen, as well as other factors, including whether a weapon was used in the commission of the crime or if anyone was injured, an individual can be charged with first- or third-degree robbery or aggravated robbery.

First-degree robbery occurs when the defendant allegedly uses or threatens to use deadly force, whereas third-degree robbery occurs when no weapons are present in the crime scene and there are no serious bodily injuries suffered by any parties involved. Aggravated robbery is a hybrid between first- and third-degree robbery, which involves committing robbery while using a deadly weapon with the intent to cause severe injuries to another party.

The offense could be elevated to aggravated robbery if the defendant allegedly:

• Caused serious injuries to another person;
• Used or displayed a deadly weapon; or
• Injured, threatened to injure, or put someone in fear of injury and the alleged victim was:
  • 65 years of age or over; or
  • Disabled

What Is the Difference Between Theft & Robbery?

Theft and robbery are both criminal offenses related to taking someone else's property unlawfully, but they differ in several key aspects.

Theft

Theft, also known as larceny, is the unlawful taking of another person's property with the intent to permanently deprive them of that property. It can take various forms, such as shoplifting, embezzlement, and stealing. In theft cases, there is no requirement for the use of force or threat against the victim; the act of taking the property is the main focus.

The intent to permanently deprive the owner of their property is a key element of theft. The offender must have the intent to keep the stolen property for themselves or to dispose of it in a way that permanently deprives the owner of its value.

Robbery

Robbery is a specific type of theft that involves the use of force, intimidation, or the threat of force to take someone else's property. Unlike theft, robbery requires the element of violence or the threat of violence. This element distinguishes robbery from other forms of theft.

Is Burglary Different Than Robbery?

While burglary and robbery both involve unlawful entry into a premises, they are distinct crimes with different legal definitions and implications.

Key differences between these two offenses include: 

• Burglary: Burglary involves entering a building or structure with the intent to commit a crime, such as theft, once inside. The key element of burglary is the unlawful entry of a premises with the intent to commit a crime, regardless of whether the crime is actually carried out. Burglary can occur in both residential and commercial settings, and it can involve breaking and entering or unauthorized access through open doors or windows.
• Robbery: Robbery, on the other hand, involves the use of force, intimidation, or threat to take property from another person or in their presence. Unlike burglary, robbery occurs when there is direct interaction with a victim, and the perpetrator takes property by force or fear. Robbery can involve theft from individuals, as well as theft from businesses or homes where occupants are present.

In summary, burglary involves unlawful entry with the intent to commit a crime, while robbery involves the use of force or intimidation to take property from a person or in their presence. Both crimes are serious offenses with distinct legal consequences.

What Are the Penalties for a Robbery Conviction in Texas? 

Robbery is a serious criminal offense, and Texas prosecutors often seek maximum penalties with a conviction. The exact penalties you may face depend on the circumstances of the alleged crime, as well as the way in which it is charged. 

The potential punishments for a second-degree felony robbery include:

• Two to 20 years in prison
• Up to $10,000 in fines

Aggravated robbery is a first-degree felony, and could be penalized with:

• Five to 99 years in prison
• Up to $10,000 in fines

Additionally, if convicted of robbery, you could be made to pay restitution to alleged victims, and you will have a permanent criminal record, which can be accessed by future employers, landlords, lenders, and anyone with internet access. This can significantly affect your ability to obtain a job, secure housing, and engage in other opportunities. A conviction can negatively impact your reputation and lead to serious, far-reaching consequences in your life.