Are There Any Defenses for Armed Robbery in Texas?

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Many work hard for their property and money, which is why robbery is considered an egregious offense. However, this can be even more heinous when the offender uses a deadly weapon to force another person to relinquish their property. As such, if you have been charged with this crime, understanding the penalties you can face and the potential defenses Houston robbery defense attorneys can create based on your circumstances is critical. Keep reading to learn what you must know about these matters.

What Warrants an Armed Robbery Charge in Texas?

Someone commits robbery when they unlawfully and intentionally deprive another person of their property by causing bodily injury or threatening the victim with fear of harm or death.

In Texas, armed robbery is officially charged as aggravated robbery. Essentially, this means that someone has committed the act of robbery, but some circumstances can increase the penalties of the crime. As such, the circumstances of robbery must be present in addition to the following aggravating circumstances:

  • Inflicts serious bodily harm to the victim
  • The victim is a senior citizen or has disabilities
  • A deadly weapon is brandished or used during the crime

As such, any time you use a weapon while intentionally stealing property from another person, you are committing armed robbery, which is charged as aggravated robbery in Texas.

What Penalties Can I Face for This Offense?

If you are charged with aggravated robbery because you allegedly used a weapon during the commission of the crime, you will face a first-degree felony. As such, you can face a minimum of five years in prison but up to 99 years or life behind bars. Additionally, you will face a fine of up to $10,000.

Not only will you face a felony charge and incarceration, but a criminal record will impact you for the rest of your life. You will likely face difficulty getting a job, and your relationships will be damaged.

Are There Any Potential Defenses?

When facing an armed robbery charge, you may think there is nothing you can do to defend yourself. However, working with an experienced attorney can help provide you with the best opportunity of evading charges, as they may be able to craft the best possible defense based on your unique circumstances.

One potential defense is that your constitutional rights were violated. If your attorney can prove that you were subjected to an unreasonable search and seizure or that you were not read your Miranda rights upon your arrest, they may be able to have any evidence collected from these violations deemed inadmissible. As such, the defense may have no option but to drop the charges, as their case rested on the evidence illegally obtained.

Additionally, they must be able to prove that you were the one who committed the crime. It’s not uncommon for people to look similar, and you may be falsely identified. However, if you have a strong alibi for your whereabouts at the time of the crime, you may be able to prove that this was a mistake of fact.

As you can see, proving innocence in a criminal case can be incredibly overwhelming. As such, it’s in your best interest to connect with an experienced attorney from the Gonzalez Law Group as soon as possible to explore your legal options for these complex circumstances. Our team will explore what you should know about these circumstances.