How Long Will I Go to Jail for Robbery in Texas?

Robbery is a serious crime in Texas. If you’ve been charged with robbery, you may be wondering, “How much jail time could I face?” The answer depends on the type of robbery charge and the facts of your case. Under Texas law, robbery is a second-degree felony. Aggravated robbery is a first-degree felony and carries a higher potential sentence. Factors such as bodily injury, a deadly weapon, and the age or disability of the alleged victim can affect whether a case is charged as aggravated robbery.

Read on to learn more about robbery in Texas, the possible penalties for aggravated robbery and robbery, and the factors that may affect your case. If you’re facing a robbery charge, a Dallas robbery lawyer can review your case and explain your legal options.

What Is Considered Robbery in Texas?

In Texas, robbery is defined under Section 29.02 of the Texas Penal Code.

A person commits robbery if, while in the course of committing theft and intending to obtain or maintain control of the property, they intentionally, knowingly, or recklessly cause bodily injury to another person.

Robbery can also occur without physical injury if the person intentionally or knowingly threatens or places another person in fear of imminent bodily injury or death.

What Is the Difference Between Theft and Robbery?

Theft and robbery both involve property, but they're different offenses under Texas law.

• Theft generally involves unlawfully taking or exercising control over another person’s property with the intent to deprive the owner of it.
• Robbery requires additional conduct involving bodily injury or a threat that places another person in fear of death or imminent bodily injury.

The value of the property can affect the punishment for a theft offense, so you also speak with a theft lawyer about the potential penalties and defenses. For robbery, the focus is on the use or threat of bodily harm rather than the value of the property.

Texas law takes robbery seriously because of the potential danger it presents to victims. When someone is physically hurt or threatened during a theft, the crime becomes much more than a property offense; it becomes a violent crime.

Is Armed Robbery a Separate Crime in Texas?

“Armed robbery” is a common term for a robbery involving a weapon. Texas robbery laws don't list armed robbery as a separate offense under Section 29.02. Instead, using or exhibiting a deadly weapon during a robbery can make the offense aggravated robbery under Section 29.03.

What Is a Possible Defense to Robbery in Texas?

A defense for robbery depends on the facts and evidence in the case. These include surveillance video, witness statements, photographs, messages, and other records. A defense attorney may examine whether the prosecution can prove each part of the charged offense.

For example, the defense may challenge whether the defendant intended to obtain or maintain control of the property, caused bodily injury, threatened another person, or placed another person in fear of death or imminent bodily injury.

For aggravated robbery in Texas, the defense may also challenge whether the evidence supports the alleged serious bodily injury, deadly weapon, or other fact that makes the charge aggravated.

What Factors Affect the Length of Jail Time for Robbery?

The potential punishment for a robbery charge in Texas depends first on whether the offense is robbery or aggravated robbery. The facts of the case can also affect the charge and potential sentence. These may include whether someone suffered bodily injury, whether a deadly weapon was used or exhibited, whether the alleged victim was 65 or older or was a disabled person, and the defendant’s criminal history.

• Robbery: A conviction for robbery in Texas is a second-degree felony. The punishment range is 2 to 20 years in prison and a fine of up to $10,000. The specific outcome of a robbery case can depend on the facts of the offense, the evidence, the defendant’s criminal history, the severity of any injuries caused, whether a weapon was used, and how the case is resolved.
• Aggravated Robbery: A robbery can become aggravated robbery if the person causes serious bodily injury, uses or displays a deadly weapon, or causes bodily injury or threatens someone who's 65 or older or has a disability. Aggravated robbery is a first-degree felony. A conviction can carry 5 to 99 years or life in prison and a fine of up to $10,000.

What Is the Difference Between Bodily Injury and Serious Bodily Injury?

The main difference is how severe the injury is. Texas law treats ordinary bodily injury and serious bodily injury differently. Bodily injury can include physical pain or a temporary impairment, while serious bodily injury involves harm that creates a substantial risk of death, causes serious permanent disfigurement, or causes long-term loss or impairment of a body part or organ. This difference matters in robbery cases because the level of injury can affect the charge. A person can face a robbery charge for causing bodily injury during a theft. If the person causes serious bodily injury, prosecutors may instead charge the case as aggravated robbery. The evidence can help determine how serious an alleged injury was. Medical records, photographs, witness accounts, and other records may show the extent of the harm. For example, a temporary injury may not meet the same legal standard as an injury that leaves permanent damage or causes a long-term loss of function. If prosecutors claim that a robbery involved serious bodily injury, the defense can challenge whether the evidence supports that claim. The severity of the injury may therefore affect both the charge and the potential punishment.

Can Prior Convictions Increase a Robbery Sentence in Texas?

A defendant’s criminal history can matter when determining the potential punishment in a robbery case. Texas law provides enhanced punishment ranges for certain defendants with prior felony convictions. The effect of a prior conviction depends on the type of prior offense, the number of convictions, and the requirements of the applicable enhancement law. A lawyer reviewing a robbery case should examine the defendant’s complete criminal history before estimating the possible punishment.

What Is a Deadly Weapon in a Texas Robbery Case?

A deadly weapon can include a firearm, but Texas law also recognizes other objects as deadly weapons when they're used or intended to be used in a way that can cause death or serious bodily injury. Whether an object qualifies as a deadly weapon depends on the facts of the case. Using or exhibiting a deadly weapon during a robbery can support an aggravated robbery charge under Section 29.03 of the Texas Penal Code.

Can I Avoid Jail Time for Robbery in Texas?

While a robbery conviction can result in prison time, the outcome of a case can depend on the charge, the facts, the evidence, and how the case is resolved. In some cases, a criminal defense attorney may negotiate a plea agreement that reduces the charge or changes the potential punishment. Community supervision may be available in some robbery cases, but a first-time offender isn't automatically entitled to probation. The rules depend on the type of offense and the circumstances of the case.

Whether someone can receive probation depends on the facts of the case and how the sentence is imposed. Aggravated robbery cases face stricter limits on judge-ordered community supervision under Texas law, making probation less likely in these cases. Factors such as the person’s criminal history, the harm caused to the victim, and the circumstances of the offense can also affect the available sentencing options.

Does a Robbery Case Have to Go to Trial?

No, it doesn't. A robbery case may be resolved through a plea agreement or proceed to trial.

In a plea agreement, the defense and prosecution may negotiate issues such as the charge or punishment. If the case goes to trial, the prosecution must prove the charged offense beyond a reasonable doubt. The defense may challenge the evidence and argue that the prosecution hasn't proved one or more required elements of the offense.

The right approach depends on the evidence, the charges, the potential penalties for robbery in Texas, and the defendant’s goals. A robbery defense attorney can review these factors and explain the potential risks and options before you decide how to proceed.

What Should I Do If I’m Charged With Robbery?

If you’ve been charged with robbery in Texas, start by finding out exactly what offense the prosecution has alleged. Review whether the charge is robbery or aggravated robbery under Texas law and discuss the charging document with your robbery defense lawyer.

Follow the conditions of your bond and avoid discussing the facts of your case with people other than your lawyer. You should also preserve messages, photographs, videos, and other records that may relate to the robbery case.

Most importantly, give your criminal defense lawyer an honest account of what happened. Even details that seem unhelpful may matter when your lawyer evaluates your defense strategies and legal options.