Robbery Defense in San Antonio and Bexar County
In Texas, robbery is defined as the use of force or the threat of the use of force to take someone else’s property. Robbery can take many forms, including mugging, carjacking, purse snatching, or using a gun to hold up a convenience store, among many others.
To prove that the crime of robbery actually took place, a prosecutor must prove beyond a reasonable doubt that while taking another person’s property, a defendant intentionally or recklessly caused or threatened to cause bodily injury to another person.
Charges can be elevated to aggravated robbery in Texas when the use of a deadly weapon, such as a gun or a knife, is used to take the property of another. Many people know this as armed robbery, but that term is no longer used under Texas law.
Penalties for committing robbery crimes
Robbery is deemed an extremely serious crime in Texas, and as such, harsh penalties are often associated with a conviction for this crime. Robbery is a second-degree felony and it carries a penalty of 2 to 20 years in prison and a fine of up to $10,000.
If the crime is charged as an aggravated robbery, then it becomes a first-degree felony. A first-degree felony in Texas carries a prison term of 5 to 99 years with it, along with a fine of up to $10,000.
If you are charged with robbery in Texas
Because it is a serious charge, you need an experienced attorney such as Derek W. Emmons to represent you as soon as possible. A conviction can alter your life for many, many years to come.
There are several possible defense strategies that can be employed against a robbery charge. The most common of these is a claim of innocence, especially when a defendant can offer up a plausible alibi that refutes a prosecutor’s claim that they committed the crime. This defense could also challenge eyewitness identifications, security cameras or other pieces of evidence.
Sometimes intoxication can be used as a defense, but in many instances, this is only to plead a case down to a lesser offense, unless it can be shown that the intoxication took place against their will or without their knowledge.
In other cases, a defendant may be able to claim that they were forced to take part in a robbery under the threat of duress, but many courts reject this unless it can be shown that there was a high level of fear or threat of harm involved.
The Law Office of Derek W. Emmons serves clients in San Antonio and surrounding Texas communities.