How to Beat a Aggravated Robbery Charge in Texas? - CGAA Law Offices of Philip D. Ray O: (469) 588-6770. Often these robbery or aggravated robbery charges are coupled with Burglary of a Habitation charges. Did LegalMatch Call You Recently? Butcher knives, having an obvious purpose apart from inflicting death or serious bodily injury, would also appear to be excluded from the subsection (A) category of objects that are deadly weapons due to their physical characteristics. What Is the Minimum Sentence for Aggravated Robbery in Texas? You also cannot use references to mitigate your charges in an aggravated robbery case. (b) An offense under this section is a felony of the first degree. On Appeal from the 177th District Court Harris County, Texas . If youre facing criminal charges for robbery in Houston, Harris County, Fort Bend County, or elsewhere in the Houston area and throughout Texas, you can rely on Attorney Brandon Strauss and the Strauss Law Firm for effective, affordable legal representation. Stealing someones property is robbery if any force is used to obtain it. Verbal threats to kill or injure the victim (e.g., Scream and youre dead, Dont make me hurt you, or Youll be sorry if you dont do as I say) are also sufficient. He has also earned an MFA in screenwriting from Chapman Univer We strive to help you make confident insurance and legal decisions. You may be in a situation where the government will not make a plea offer on the case. Aggravated Robbery sentencingdecided by the jury can result in probation if the person on trial does not have a prior felony conviction. At trial, the evidence showed that appellant kicked in the door of the complainant's kitchen and hit her numerous times with his fist. A deadly weapon is not just a gun or knife, it also includes anything that could cause death or serious bodily injury. Depending on the specific circumstances of the offense, aggravated assault may be charged as a second-degree or first-degree felony, and the penalties can range from two to ninety-nine years in prison and fines of up to $10,000. RELATED: Port Arthur man arrested at gunpoint for aggravated robbery. The crime of robbery can be elevated to that of aggravated robbery if in addition to the criteria for proving a case of robbery, the prosecutor can prove that the defendant used or exhibited a deadly weapon, and/or the victim who was threatened or placed in fear of bodily injury or death was an individual 65 years of age or older, or was disabled either physically, mentally or developmentally. Given the similarity of this language to that found in the aggravated robbery statute, we conclude that Patterson and its progeny are indeed relevant to interpreting the aggravated robbery section. Does robbery require the use of a weapon? Robbery is a second-degree felony in Texas. If you do get convicted, you want an experienced criminal defense lawyer to fight to get you the shortest sentence possible. Texas Penal Code - PENAL 29.03 | FindLaw Our goal is to be an objective, third-party resource for everything legal and insurance related. If you are facing an aggravated robbery charge or any other criminal charges in Texas, it is crucial to seek the advice and representation of an experienced criminal defense lawyer. To begin your search for an experienced criminal defense attorney, you can enter your ZIP code in the search tool below. Houston theft crimes lawyer Brandon Strauss is a knowledgeable, effective criminal defense attorney who has maintained a history of earned outstanding results for his clients since 2008. If you have been accused of aggravated robbery in or around theDFW Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, Kaufman County, Grayson County, Wise County, Rockwall County, Travis County, Bexar County, Parker County, Ellis County or towns like Irving, Plano, Frisco, Allen, Richardson, Fort Worth, Flower Mound, Denton, Lewisville, Garland, Mesquite, Arlington, Bedford, Sherman, Duncanville, Decatur, Waco, Houston, Austin, San Antonio, and Rockwall, it is critical to immediately reach out to a qualified criminal defense attorney. Without any criminal history, an aggravated robbery sentence in Texas ranges from a minimum of 5 years to 99 years or Life in prison (Texas Department of Criminal Justice). Fort Worth, TX 76102. Police learned the man had been seen by staff hiding merchandise in his backpack, and when confronted, he took a black hatchet out of his backpack and threatened to kill staff members if they did not let him leave the store. Even if you avoid a long prison sentence this kind of charge is very damaging to your long-term criminal record. Robbery can also be accomplished by acts of intimidation, i.e., making someone afraid. To discuss the possibility of getting probation on an aggravated robbery case you should speak with an experienced criminal defense attorney. This might include a history of taking care of dependents (children or elderly parents). M-F: 8:30am-6:30pm If a defendant wins on this issue, the punishment may be substantially reduced. So, your criminal attorney needs to actually interview witnesses and call them to testify at thesentencing phase of your aggravated robbery trial. Our office is located in downtown Fort Worth, Texas. Law Practice, Attorney The punishment is generally harsher as well. The lesser potential sentence is for robbery where the presence of a deadly weapon is merely implied or threatened. If convicted, the defendant could be facing lengthy prison sentences, hefty fines, and other devastating social consequences. Kansas employs a sentencing grid that increases severity based on criminal history, but a judge can deviate from the sentencing range. Aggravated Robbery and Robbery Cases - Dallas Criminal Lawyer. This is because any variation of felony robbery is taken very seriously. This is a serious charge and you need a seriouscriminal defense attorney. 3. 2d 560 (1979) (emphasis in original). Aggravated Robbery Charges In Texas - Criminal Defense Attorneys Texas Penal Code Section 29.03 - Aggravated Robbery Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. 1. Carjacking is the act of stealing a car from a victim by force. Aggravated Robbery sentencingdecided by the jury can result in probation if the person on trial does not have a prior felony conviction. Be detailed. Find the right lawyer for your legal issue. In addition to jail time and statutory fines,restitution, i.e., repayment for financial losses sufferedas a result of a crime to the victim, may be included in the punishment. Murillo, 24, was killed the afternoon of Aug. 3, 2019, after he and another man were lured to an apartment in the 300 block of Northeast Fifth Street in Grand Prairie, police say. According toTexas Code of Criminal Procedure 42A.054(formerly TCCP 42.12 (3)(g)) a judge cannot sentence a person to probation (community supervision) if the person is found guilty of aggravated robbery. Having a deadly weapon or causing bodily injury qualifies the offender for the higher maximum sentence. *498 Stephen A. Doggett, Richmond, for appellant. M-F: 8:30am-6:30pm So what does aggravated robbery mean? Law, About You're all set! Basic theft crimes are classified as nonviolent crimes with three main requirements: Force is not involved in nonviolent theft crimes. If an individual is convicted of robbery in the state of Texas, theyll be sentenced under 2nd Degree Felony guidelines as prescribed by Texas Law. This makes fighting guilt-innocence at trial difficult, if not practically impossible. Examples of serious bodily injury include blindness, deafness, paralysis, severely broken bones, spinal injuries, scarring, or loss of limb. Unlike simple theft crimes, robbery is classified as a violent crime because it involves taking something from a person by force, or the threat of force. If an individual lies to an elderly man claiming to be his long-lost daughter so that he gives her the deed to his house, she has committed the crime of false pretenses. We have experienced and hard working trial attorneys to defend robbery cases in jury trials and in plea negotiations. 821 S.W.2d at 620.[4]. This can be a lot of work, and an attorney cannot wait until the last minute to prepare your case. Since armed robbery in Texas is labeled a " 3g offense ," there is no chance for a defendant to get probation from a judge. This increases the possible punishment. You may ask: How much jail time do you get for aggravated robbery? But in some states, the victims fear must be a reasonable fear that any ordinary person would feel under the circumstances. All theft is the unauthorized and permanent taking of someone elses property, but there are a myriad of types, running the gamut from petty crimes like shoplifting to more serious crimes like aggravated robbery. Bodily injury is defined as contact that results in pain. Do not go before a jury with an attorney that is not comfortable and skilled at trying difficult cases. Id. at 136. The indictment alleged that appellant did "use and exhibit a deadly weapon, to wit: a knife, which in the manner of its use and intended use was capable of causing death or serious bodily injury." During the attack, the complainant saw a long, dark object partly sticking out of appellant's back pocket. Title 7, Chapter 29 of the Texas Penal Code, unauthorized and forceful entry into a dwelling, intentionally, knowingly, or recklessly causes bodily injury to another; or. McCain, 987 S.W.2d at 137 (bracketed material inserted). Causing serious bodily injury (SBI) to someone; Causing bodily injury to someone 65 years old or older; Threating someone who is someone 65 years old or older with imminent bodily injury or death; Causing bodily injury to someone that is disabled; Threating someone who is disabled with imminent bodily injury or death. A skilled attorney can analyze the specific circumstances of your case, investigate the evidence against you, and develop a strong defense strategy to protect your rights and achieve the best possible outcome. The Court of Appeals initially offered an explanation for finding that the knife was indeed a deadly weapon: Id. The court observed that the Supreme Court held that "use," in the context of a federal statute, involves employing a firearm "in a way that makes it an operative factor in the offense, such as brandishing, displaying, striking with, firing, or attempting to fire the firearm," or making a verbal reference to a firearm that is calculated to change the circumstances. Aggravated robbery is a very serious offense. Robbery can be further aggravated if you carry a weapon during the process. The Texas statute for Aggravated Robbery Charge is found inTexas Penal Code 29.03. Robbery is a second-degree felony in Texas, punishable by imprisonment for two to twenty years and a fine of up to $10,000. Can you get probation for aggravated robbery? & Confidentiality Assured. San Antonio Robbery Defense Attorney | Aggravated Robbery If a thief snatches a womans purse from a restaurant table, that is merely theft, because neither force nor threat of force was used against her. These statements are considered hearsay in most circumstances. This may surprise you, but the aggravated robbery definition changes depending on where you go. 1996) and discussing, in a footnote, Patterson v. State, 769 S.W.2d 938 (Tex.Crim. Nevertheless, the SPA contends that the nature of the knife's usage should also have been taken into account in analyzing whether the knife was deadly by design under 1.07(a)(17)(A). Aggravated robbery is considered a very serious crime in Texas and carries severe penalties. In Texas, What is Aggravated Robbery? | Philip D. Ray - Frisco, TX Robbery Cases in Houston, TX An Overview of Robbery, Aggravated Robbery & Texas Law. Even when a robbery is caught on video, in some cases, a jury can be convinced to sentence the accused to probation. If you are charged with aggravated robbery, you should consult a criminal defense attorney in your community. Robs a person who is 65 years of age or older or disabled. The man, 22, was indicted in late April by a Jefferson County Grand Jury for aggravated robbery. COFER LUSTER LAW FIRM, PC Instead the statute provides that a deadly weapon is "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." It also includes work history, education history, and community involvement. Property Law, Personal Injury A deadly weapon is typically a firearm or knife but includes any item that could cause death or serious bodily injury (i.e., a bat). Although, the current law in Texas does not require the judge to instruct the jury on the importance of mitigating factors, your criminal attorney needs to present that evidence and explain to the jurors why it is important. Classic aggravated robbery examples include the robber who uses a toy gun, sticks a finger in his pocket to look like a gun, or uses a note that says he has a gun. Quotes and offers are not binding, nor a guarantee of coverage. The court further stated that "we have found no authority that any lesser use [than that described in Bailey], such as mere possession or carrying of a potentially deadly weapon, is adequate" to show the existence and use of a deadly weapon under Texas Penal Code 29.03(a)(2). Furthermore, the jury can only grant probation if certain requirements are met, such as never having been convicted of a felony. Three Texas men convicted of aggravated robbery nearly two decades ago were formally declared innocent by a district judge in Dallas on April 6, 2012. Character Letters cannot practically be used at aggravated robbery sentencing, because out-of-court statements (written or spoken) generally cannot be used in court. Justia US Law Case Law Texas Case Law Texas Court of Appeals, First District Decisions 2021 Derek Hisey v. The State of Texas Appeal from 182nd District Court of Harris County Derek Hisey v. The State of Texas Appeal from 182nd District Court of Harris County (memorandum opinion) Article 42.12 3g addresses deadly weapon findings that adversely affect eligibility for community supervision. Thank you. Aggravated Robbery - Criminal Defense Attorneys We have recently declined to follow Bailey in the community supervision context because the federal statute involved in Bailey contained materially different language than found in the state provision. If the defendant used or exhibited a deadly weapon during the robbery, the offense may be enhanced to a first-degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of up to $10,000. Someone convicted of this crime as a Class 1 felony in Illinois will spend 4-15 years imprisoned and have to pay a fine of $25,000. We shall refer to the correct numerical designation, except where the old designation appears in a quoted passage. Patterson, 769 S.W.2d at 940. Id. The SPA concludes: "an instrument that may be `innocent' by design may become a deadly weapon through the nature of its usage.". THE STATE OF TEXAS, Appellee . McCain, 987 S.W.2d at 137. App. 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. 3. Hence, as we have explained in the past, "kitchen knives, utility knives, straight razors, and eating utensils are manifestly designed for other purposes and, consequently, do not qualify as deadly weapons" under subsection (A). Texas law defines a disabled person as an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm. There is a statute that punishestheft of government property,and another that addresses the theft or receipt of stolen mail. Remember that time is of the essence in criminal cases, so do not delay in contacting a lawyer to discuss your legal options. Unlike the Federal sentencing system, Texas does not have specificguidelines for sentencing. Estate Make an appointment to discuss your case, today. Law, Immigration Your ability to get any kind of probation if you are convicted ofaggravated robberyis very limited. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Robbery in Texas, Aggravated Robbery - Plano Criminal Defense Attorneys Eventually the complainant escaped appellant's attack and later returned to her house with the police. Which means, even if a person has no criminal history and they are convicted of aggravated robbery they are facing up to 99 years or life in prison. Under Ohios felony sentencing table, aggravated robbery carries the possible sentence of 3-11 years of prison time and fines up to $20,000. Also, in some states like Illinois, a person can be charged with aggravated robbery if they delivered a controlled substance to the victim of the robbery without consent via injection, ingestion, or forced inhalation. The government can present evidence of someones criminal history and other bad acts that have not resulted in a criminal conviction. Present So, if someone commits robbery while using (even displaying) a deadly weapon then the charge becomes aggravated. . Robbery Defense Lawyer Strauss Law Firm Houston, TX He is familiar with the court system and experienced in defending his clients properly. If you need specific guidance, you should contact a local criminal defense attorney, and you can begin your search right now byentering your ZIP codeabove. Strauss Law Firm1001 Texas AveSuite 710Houston, TX 77002Phone: (713) 586-9200Plus Code: QJ6Q+25 Downtown Houston, Houston, TXDriving Directions: MAP, 2020 Strauss Law Firm. In its petition for discretionary review, the SPA appeared to concede that the butcher knife was not a deadly weapon under 1.07(a)(17)(B), which defines deadly weapon by its use or intended use: "As to subsection (B). We do not disagree with the court's conclusion that there was no evidence that the appellant used or intended to use the knife to inflict death or serious bodily injury." 2. M A J O R I T Y O P I N I O N . Factors could include demonstrating that the defendant was not the actual bad actor in the group or personally did not use force. The statute does not say "anything that in the manner of its use or intended use causes death or serious bodily injury." Murder. Even when a robbery is caught on video, in some cases, a jury can be convinced to sentence the accused to probation. The crime of robbery is defined by Title 7, Chapter 29 of the Texas Penal Code. However, if the deadly weapon used during the commission of the crime is a firearm, the minimum sentence is increased to 10 years. Jeffrey L. Van Horn, Assist. The remaining phrase parallels the Legislature's obvious intention when it speaks of something that is "designed, made, or adapted for the purpose of inflicting death or serious bodily injury" (emphasis added). The criminal offense of breaking and entering a residence illegally to commit a crime while the residents are at home is referred to as home invasion.
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