Dallas robbery offenses are most generally defined as taking another person’s property against their will while using physical force or threatening to use physical force. Robbery and aggravated robbery offense can result in serious punishments, including prison time, steep fines, a possibly permanent criminal record, and/or an inability to pursue certain professional or educational opportunities.
An arrest for robbery or aggravated robbery does not necessarily have to result in a conviction. The state prosecutor is required to prove you committed every element of the alleged criminal offense beyond a reasonable doubt. This is a very difficult burden to meet, and any doubt in the mind of the judge or jury can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense attorney in Dallas to assist you in creating your best legal strategy.
Robbery Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged with robbery or aggravated robbery in Dallas, contact an attorney like Richard McConathy who is knowledgeable in all areas of Texas’ theft laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Robbery in Dallas
According to Tex. Penal Code § 29.02, an individual can be charged with robbery if, while committing another theft offense, and with the intent to keep or take control of the property, they:
- Intentionally, knowingly or recklessly cause bodily injury to another person; or
- Intentionally or knowingly threaten or place another person in fear of immediate bodily injury or death.
Property is defined under Texas law as:
- Any tangible or intangible personal property, including anything that grows from the land, but can be removed; or
- Any document that represents or embodies anything of value, including money.
Texas law defines theft offenses as a variety of crimes, including theft by false pretext, embezzlement, shoplifting, retail theft, theft from a person, conversion by a bailee, extortion, swindling, larceny, receiving or concealing stolen property, acquisition of property by theft, carjacking, auto theft and unauthorized use of a vehicle.
Robbery Mental States in Dallas
The prosecutor must prove an individual has a certain mental state in order to convict the defendant of a robbery offense. This means the individual must have acted intentionally, knowingly, or recklessly when they allegedly committed the criminal offense. Since these mental states are unique to every person, it is generally more difficult for the prosecutor to prove the mental state the alleged offender had during the commission of the offense. According to Tex. Penal Code § 6.03, the most common robbery mental states are defined as:
- Intentionally – An individual commits an offense intentionally if they engage in some type of conduct, and it is in their desire or conscious objective to engage in the conduct or to cause the result.
- Knowingly – An individual commits an offense knowingly if they engage in some type of conduct, and they are aware their conduct is reasonably certain to cause the result of the conduct.
- Recklessly – An individual acts recklessly if they commit some act, and they are aware the conduct can cause the result, but consciously disregard the possibility the result will occur.
Dallas Aggravated Robbery
According to Tex. Penal Code § 29.03, an individual can be charged with aggravated robbery if they commit a robbery offense and:
- Cause serious bodily injury to the alleged victim,
- Causes bodily injury to another person, threatens bodily injury or causes the other person to fear immediate bodily injury or death, and the person is elderly or disabled; or
- Uses a deadly weapon during the commission of the offense.
Texas law defines an elderly person as anyone who is 65 years old or older, and a disabled person is defined as an individual with mental, physical or developmental disabilities who is basically unable to protect against harm.
Under section 1.07(a)(8) of the Texas Penal Code, bodily injury is defined as any physical impairment, illness, or pain to any body part or organ.
According to Tex. Penal Code § 1.07(a)(46), serious bodily injury is defined as any bodily injury that creates a substantial risk of death, or an injury that causes death, serious permanent disfigurement, or impairment of any body organ or extended loss of any organ.
Robbery and Aggravated Robbery Penalties in Dallas
The penalties for Dallas robbery and aggravated robbery offenses are defined in Chapter 12 of the Texas Penal Code. A conviction for a robbery or aggravated robbery offense can generally result in a felony offense.
Criminal charges for a robbery offense can result in a felony of a second-degree conviction, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
Criminal charges for an aggravated robbery offense can result in a felony of the first-degree conviction, which is punishable by a prison sentence ranging from five years to 99 years or life imprisonment and/or a fine up to $10,000.
Find a Dallas Aggravated Robbery Attorney | Law Offices of Richard C. McConathy
Contact us today for a consultation about your robbery or aggravated robbery charges in Dallas County in Texas. Richard McConathy is a knowledgeable Dallas criminal defense attorney who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your alleged robbery offense.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
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Sometimes just one little detail can change your life forever. It’s true in so many scenarios – especially when it comes to criminal charges in court.
In Seagoville, two suspects armed with guns robbed a mini-mart. While their underlying crime of robbery is a serious one, the penalties they face when caught and charged could be much more significant because of one thing: the weapons they were carrying.
When you use a gun in the commission of a robbery, then you can be charged with the much more serious offense of armed robbery.
Here’s what you need to know about robbery crimes and armed robbery in Texas, their differences, and how much using a gun in a crime can impact the outcome.
The Difference Between Texas Robbery and Armed Robbery
In Texas, you commit a robbery when you commit theft with the intent to maintain control of property or possess any property that doesn’t belong to you.
What makes the crime different from burglary or other forms of theft is the act of recklessly, intentionally, or knowingly causing bodily injury to another person while you commit the crime – or have them fearing you will.
Armed robbery, on the other hand, is an elevated robbery crime. It’s a type of robbery charged as aggravated robbery because it involves theft as well as the use of a deadly weapon, which is considered an aggravating factor for a crime.
That makes the crime more serious than simple robbery, which doesn’t utilize the use of a weapon during its commission.
Robbery vs. Armed Robbery Penalties in Texas
Robbery in Texas is normally charged as a second-degree felony. A conviction of robbery can result in up to 20 years in prison and fines up to $10,000.
For armed robbery, charged as first-degree robbery or aggravated robbery, the penalty is much more significant. If convicted, a defendant may face up to 99 years in prison.
As you can see, simply having a gun and threatening someone with it during a robbery can mean that you’re in prison for life. That’s a hefty penalty for the choice to use a gun during the crime, even if nothing else about the case is different from a classic robbery charge.
Sentencing at the Court’s Discretion
It’s important to note that in Texas, there are no formal sentencing guidelines. Juries and judges have some discretion when it comes to sentencing. When choosing the length of a sentence, they are allowed to consider any good character and acts that the defendant may have and any mitigating circumstances in the case.
For this reason, it’s vital to have an attorney on your side to raise these issues in your favor if you are convicted and sentenced.
Defenses for Armed Robbery
While a defense strategy will ultimately depend upon the circumstances surrounding your case, there are generally two baselines of defense. For those who were not involved in the crime at all, they may have to prove that it’s merely a case of mistaken identity.
If the crime did occur it could simply be explained as a mix-up – the defendant was taking property they believed to be theirs.
Because robbery is a crime that requires proof that the defendant meant to deprive someone of their property if the defendant believes the property to be their own, the intent of robbery is not there.
If you’re being charged with aggravated robbery (armed robbery), then you need to mount a good defense. Remember, every person is innocent until proven guilty under the law, and the right attorney will know the best way forward in your case.
About the Author:
After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated.
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