Aggravated Robbery With A Deadly Weapon in Texas
Aggravated robbery with a deadly weapon is a first degree felony. The punishment range is five (5) to 99 years in prison. Deferred Adjudication is also a possible punishment.
Prosecutors treat aggravated robbery cases extremely seriously as violence often occurs or there is the possibility of serious injury and death. Most prosecutors will start plea negotiations with a lengthy prison sentence.
In Harris County, prosecutors typically will not offer probation as a plea bargain on an aggravated robbery case.
The Law on Aggravated Robbery in Texas
Aggravated robbery with a deadly weapon is basically using or exhibiting a deadly weapon in the course of committing a theft.
The deadly weapon is usually a firearm or a knife. However, Texas courts have defined deadly weapon broadly, as anything that can cause serious bodily injury in its use.
Another important consideration with aggravated robbery cases is that if the defendant is sentenced to prison, he must serve one-half of his sentence to be eligible for parole.
Defending an Aggravated Robbery Case
Every aggravated robbery case is different. Evidence may include surveillance videos, eyewitnesses, a statement by a defendant, and possession of the goods taken.
- Eyewitness identifications often can be challenged. Eyewitness identifications are one of the leading causes of wrongful convictions. Witnesses often are often too focused on the weapon to make a proper identification. Sometimes, memory can be flawed or a lineup can be administered in a suggestive way that causes a false identification.
Statements by the defendant can also be challenged. Often, the statement made by a defendant is not the admission of guilt that the police report indicates. Statements and confessions can also be challenged if they were coerced.
The “aggravated” element can frequently be challenged. A complainant may state there was a weapon when there was not. If no weapon is recovered, an argument can be made to reduce the case to robbery which is less serious offense with better punishment and parole options.
Sometimes if there are multiple defendants, there may be a “mere presence” defense. This means that a person was merely present when an acquaintance committed a robbery, as opposed to participating in the robbery as a lookout or driver.
Many robberies are committed by young defendants who are not a threat to society. With such defendants, there is a good case for probation to be made especially if the defendant has not been in trouble before, has an identifiable issue like substance abuse that can be addressed, or was a minor participant in the case.
Please contact me at (713) 487-7575 if you seek representation for an aggravated robbery case.
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