What is the Difference Between Robbery and Aggravated Robbery?

Under Tex. Pen. Code § 29.02, individuals commit robbery if they commit theft and intend to obtain or maintain control over the stolen property, and in doing so, they:

  • Intentionally, knowingly, or recklessly cause bodily injury to others
  • Intentionally or knowingly threaten or place others in fear of imminent bodily injury or death

Some common actions that are likely to constitute robbery under state law include purse snatching, muggings, carjackings, and home invasions. Individuals can face a robbery conviction even if they do not complete or carry out the theft of the items that are the focus of the robbery.

Robbery is a second-degree felony under Texas law. A conviction for a second-degree felony such as robbery can result in a prison sentence ranging from two to 20 years and a fine of up to $10,000.

In contrast, aggravated robbery is a first-degree felony in the state of Texas. Tex. Pen. Code § 29.03 provides that aggravated robbery occurs when individuals do any of the following in committing robbery:

  • Causes serious bodily injury to others,
  • Uses or exhibits a deadly weapon, or
  • Causes physical harm to others or threatens or places them in fear of imminent bodily injury or death, and the person is 65 years of age or older, or disabled

Under this section, a disabled person is one who has a mental, physical, or developmental disability who is substantially unable to protect himself or herself from harm.

What is the Difference Between Robbery and Aggravated Robbery?

The prison sentence for a person who is convicted of aggravated robbery can be between five and 99 years if the person has no prior criminal history. Individuals convicted of this offense also can be ordered to pay a fine of up to $10,000.

A felony robbery or aggravated robbery conviction also can have other repercussions. Even after you have served your sentence, you face the loss of some civil rights, such as the right to carry firearms. You also will have a permanent felony conviction that can make finding employment and housing far more challenging.

When you are facing any criminal charges in the state of Texas, you need an experienced criminal defense attorney to represent your interests. Contact Peek & Toland at (512) 474-4445 today and set up an appointment to speak with our legal team.

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