Being charged with robbery in Texas is a serious matter. There are many factors in a Houston robbery case that can affect its outcome. It’s import to have an experienced robbery defense lawyer on your side. Lisa Shapiro Strauss understands the factors that play a role in these cases. She knows how they can mean the difference between a guilty or not guilty verdict as well as the difference between probation or jail time.
What Is Robbery in Texas?
Robbery is a theft that involves violence or the threat of violence. Under Texas state law (Sec. 29.02) a robbery occurs when a person is committing theft with intent to obtain or maintain control of the property, and they:
- Intentionally, knowingly, or recklessly causes bodily injury to another; or
- Intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Robbery is considered to be a violent crime in Texas. It is classified as a second degree felony and carries a potential 20 year prison sentence with fines reaching $10,000.
Defining Aggravated Robbery in Texas
Aggravated robbery is much more serious than a robbery charge. According to Texas state law (Sec. 29.03), a person commits the offense of aggravated robbery when they commit a robbery (as defined in Section 29.02) and then:
- Causes serious bodily injury to another
- Uses or exhibits a deadly weapon
- Causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
- 65 years of age or older; or
- An individual with a mental, physical or developmental disability who is substantially unable to protect himself from harm;
- An offense under this section is a felony of the first degree.
Aggravated robbery is classified as a first degree felony. This charge carries a penalty of 5 to 99 years in prison and fines of up to $10,000.
Factors That Could Result in a Not Guilty Verdict for Robbery
In defending against robbery charges, a skilled Houston robbery case defense attorney will present various defenses tailored to the specific circumstances of the case. Some common defenses include:
- Lack of Intent: Proving the defendant did not intend to commit theft or cause harm during the incident. Intent is a key element in robbery cases, and a lack of it can result in dismissal of charges.
- Absence of Threat or Fear: Demonstrating that the alleged victim was not placed in fear of imminent bodily injury or death, as required by the Texas Penal Code for a robbery conviction.
- No Bodily Injury: Establishing that no physical harm occurred during the alleged robbery, which could undermine the prosecution’s case.
- Mistaken Identity: Providing evidence that the defendant was not the person who committed the robbery. This defense often involves alibi witnesses, surveillance footage, or other evidence.
- Duress or Coercion: Arguing that the defendant was forced to commit the act under threat of harm by another person, which can absolve them of responsibility.
- Lack of Evidence: Highlighting inconsistencies in the prosecution’s case, such as unreliable witness testimony, insufficient evidence, or improperly handled physical evidence.
- Constitutional Violations: Challenging evidence obtained through illegal searches or seizures, violations of Miranda rights, or other procedural errors that violate the defendant’s constitutional rights.
Lisa Shapiro Strauss leverages these common defenses to build a strong case for her clients, ensuring every angle is explored to protect their rights and freedoms.
Mitigating and Aggravating Circumstances — The Deciding Factors
If the defendant has been found guilty or pleaded “no contest” for the crime of robbery or aggravated robbery, the next phase of the trial is sentencing. During this time, the judge will consider both the mitigating and aggravating factors — information or evidence presented to the court pertaining to the defendant and the circumstances surrounding the crime — to arrive at a decision.
Mitigating circumstances are the factors that weigh in a defendant’s favor. A skilled Houston aggravated robbery attorney will make sure the judge is aware of the mitigating circumstances pertaining to their client and the circumstances surrounding the crime in hopes of getting reduced charges or a lesser sentence for their clients. Mitigating circumstances include lack of a prior criminal record, the defendant played a minor role in the offense, remorse, mental or physical illness at the time of the crime.
Aggravating circumstances are just the opposite. These are factors the prosecution will present to the court to show that the defendant deserves to be punished to the full extent of the law. Aggravating factors can include prior convictions, a lack of remorse, the vulnerability of the victim, the severity of injuries inflicted on the victim, and committing the crime in front of a child.
Frequently Asked Questions About Robbery Cases in Texas
How long does a robbery case typically take to resolve?
The timeline for resolving a robbery case in Texas varies depending on several factors, including the complexity of the case, the availability of evidence, and whether the case goes to trial. On average:
– Initial Stages: From arrest to arraignment, it may take a few weeks to a couple of months. During this time, charges are formally filed, and bail may be set.
– Pre-Trial Phase: This stage, which includes evidence gathering, plea negotiations, and pre-trial motions, can take several months. In some cases, a plea deal may resolve the case without going to trial.
– Trial: If the case goes to trial, it could add several weeks or months, depending on court schedules and the complexity of the case.
– Sentencing and Appeals: If convicted, the sentencing phase typically occurs within weeks, but appeals can extend the process by months or years.
Your defense attorney can provide a more specific timeline based on the details of your case and work to expedite the process whenever possible.
Can I have a criminal record expunged after a robbery charge?
You may qualify for expungement if your robbery charge was dismissed, you were acquitted, or you successfully completed a pretrial diversion program. Expungement removes the record entirely, as if the charge never occurred. However, convictions for robbery or aggravated robbery generally cannot be expunged or sealed.
Consult a qualified attorney to determine your eligibility and guide you through the expungement or sealing process.
What should I do immediately after being arrested for robbery in Texas?
If you are arrested for robbery in Texas, stay calm and exercise your right to remain silent. Do not discuss the case with law enforcement or anyone else until you have legal representation. Politely decline to answer questions and immediately request an attorney. Speaking with an experienced criminal defense lawyer is essential to protect your rights and start building your defense.
Avoid sharing details of your case on social media or with friends and family, as this could harm your defense. Follow all legal procedures and attend court hearings as required while your lawyer handles the case strategy.
Speak With A Lawyer Experienced In Houston Robbery Cases
Houston criminal defense lawyer Lisa Shapiro Strauss understands how critical mitigating and aggravating circumstances are in a robbery case. Lisa has extensive experience representing individuals charged with robbery, aggravated robbery and other criminal offenses in Texas. She knows how to make the best out of a bad legal situation. She will accentuate the positive – the mitigating factors in your case – while countering the negative, aggravating factors in the case.
Whether you seek a lenient sentence in a plea agreement or have pleaded innocent and want to fight the charges at trial, you can depend on Lisa’s skills and expertise to come up with the best defense possible. If you are facing a theft, burglary, robbery and aggravated robbery case in Houston, contact Lisa Shapiro Strauss at (713) 449-9922 to schedule an initial consultation to discuss the circumstances in your case.
