If you have been charged with robbery – and robbery might not be the greatest idea given the high rate of gun ownership in Texas and the relative ease with which a license to carry can be obtained in the state – you must be asking yourself, now what? Robberies in Texas have been declining for several years, but that is small comfort if you are facing robbery charges. If you are convicted of robbery in Texas, you will spend years behind bars. In some circumstances, you might spend the rest of your life behind bars. Those prospects sound grim – and they are – but robbery charges and a robbery conviction are two different things.
The State Must Prove its Case to Get a Robbery Conviction
If you have been charged with robbery, the prosecution has to prove two elements to obtain a conviction. These elements are:
- The accused committed a theft, defined as taking someone else’s property with the intent to “obtain or maintain control” of that property
- In committing that theft, the accused “intentionally, knowingly, or recklessly” physically harmed another person or, in the absence of physical harm, intentionally caused another person to fear imminent bodily harm or death.
As robbery is a criminal charge, the elements must be proven beyond a reasonable doubt. This is a high standard, but robbery charges generally come ready-made with at least one witness – the victim. That does not make conviction certain, but it puts pressures on a defense effort.
A related, but more serious, offense is aggravated robbery. Aggravated robbery charges also require that the prosecution prove beyond a reasonable doubt that the accused committed the elements of robbery and also:
- Caused serious bodily harm to another person
- Used or displayed a deadly weapon
- Or injured another person, threatened that person, or gave another person cause to fear that the accused would injure or kill them bodily harm if that person is at least 65 years old or disabled.
Penalties for Robbery Convictions are Steep
The best sentencing outcome on a robbery conviction is not very good. The worst can leave you behind bars for decades. Robbery is a second-degree felony. Such crimes are punishable by at least two years and not more than 20 years in state prison, as well as up to a $10,000 fine. The length of the sentence depends upon the circumstances of the crime. Robbery is punishable as a first-degree felony if you have a prior felony conviction, not including what is known as a state jail felony.
Aggravated robbery is a first-degree felony. Conviction on a first-degree felony will get you a state prison sentence of at least five years, but no more than 99 years, as well as a fine of up to $10,000. Once again, the severity of the sentence rides on the circumstances of the crime.
If You Are Facing Robbery Charges in Houston, Consult With Madrid Law Firm
If you have been charged with robbery or aggravated robbery in the Houston area, you need a good criminal defense attorney. The penalties for a conviction on these charges are serious, and you want your best possible defense. You should talk to the Madrid Law Firm. They will defend your rights.
