Robbery

Robbery is a serious criminal offense in Texas, governed by Chapter 29 of the Texas Penal Code. It involves theft combined with the use or threat of force, making it distinct from simple theft offenses. Understanding the legal definitions, classifications, penalties, and potential defenses is crucial for anyone facing such charges or seeking to comprehend Texas criminal law.(Saputo ✭ Toufexis, LegalClarity)

Legal Definition of Robbery (Texas Penal Code § 29.02)

Under Section 29.02 of the Texas Penal Code, a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, they:(LegalMatch)

1. Intentionally, knowingly, or recklessly cause bodily injury to another; or

2. Intentionally or knowingly threaten or place another in fear of imminent bodily injury or death.(LegalMatch)

The term “in the course of committing theft” includes conduct that occurs during an attempt to commit theft, during the commission of the theft, or during immediate flight after the attempt or commission. (Findlaw)

Classification and Penalties for Robbery

Robbery is classified as a second-degree felony in Texas. The penalties for a second-degree felony include:

• Imprisonment for 2 to 20 years

• A fine of up to $10,000

These penalties reflect the seriousness of the offense and its impact on victims.

Aggravated Robbery (Texas Penal Code § 29.03)

Aggravated robbery is an enhanced form of robbery that includes additional aggravating factors. According to Section 29.03 of the Texas Penal Code, a person commits aggravated robbery if they commit robbery as defined above and:(Law Offices of Tim Powers)

1. Cause serious bodily injury to another;

2. Use or exhibit a deadly weapon; or

3. Cause bodily injury to another person or threaten or place another person in fear of imminent bodily injury or death, if the other person is:

   • 65 years of age or older; or

   • A disabled person.(Findlaw, Findlaw, Houston Criminal Defense Attorneys)

A “disabled person” is defined as an individual with a mental, physical, or developmental disability who is substantially unable to protect themselves from harm. (Findlaw)

Penalties for Aggravated Robbery

Aggravated robbery is classified as a first-degree felony in Texas. The penalties for a first-degree felony include:

• Imprisonment for 5 to 99 years or life

• A fine of up to $10,000

Due to the severity of the offense, aggravated robbery is considered a “3G offense,” meaning that individuals convicted are not eligible for parole until at least half of their sentence has been served. (Mark Diaz)

Statute of Limitations

In Texas, the statute of limitations for both robbery and aggravated robbery is five years. This means that legal proceedings must be initiated within five years from the date of the alleged offense.

Potential Defenses Against Robbery Charges

Several defenses may be applicable in robbery cases, depending on the circumstances:

• Lack of Intent: Arguing that there was no intention to commit theft or cause fear or injury.

• Mistaken Identity: Asserting that the accused was not the individual who committed the offense.

• No Use of Force or Threat: Contending that the incident did not involve force, injury, or threats, which are essential elements of robbery.

• Consent: Claiming that the alleged victim consented to the taking of property.(Findlaw)

It’s important to note that the success of these defenses depends on the specific facts of each case.

Real-World Example: Aggravated Robbery Incident

In March 2025, a dine-and-dash incident at an IHOP in San Antonio escalated into an aggravated robbery. When a manager confronted two customers suspected of intending to leave without paying, one of them displayed a handgun. Although no physical harm occurred, the presence of the firearm and the threat it posed led authorities to classify the incident as aggravated robbery. (MySA)

Importance of Legal Representation

Given the severe penalties associated with robbery and aggravated robbery convictions, securing experienced legal counsel is crucial. A qualified attorney can:

• Evaluate the evidence and identify weaknesses in the prosecution’s case.

• Advise on the viability of potential defenses.

• Negotiate plea deals or reduced charges when appropriate.

• Represent the accused effectively in court proceedings.

Early legal intervention can significantly impact the outcome of a case, potentially reducing charges or penalties.