Robbery

Robbery vs. Theft

The key distinction between robbery and theft is the use or threat of force or violence. Theft involves taking property without consent. Robbery involves taking property while using or threatening violence. Even if no weapon is used and no one is seriously hurt, threatening someone during a theft elevates the charge to robbery.

Aggravated Robbery

Aggravated robbery under § 29.03 is a 1st degree felony (5–99 years or life) when the defendant uses or exhibits a deadly weapon, causes serious bodily injury, or the victim is 65 or older or disabled. A deadly weapon finding also affects parole eligibility.

Robbery and Felony Murder

If someone is killed during the commission of a robbery, the defendant can be charged with capital murder even if they did not intend to kill anyone and even if a co-defendant was the one who caused the death. This is known as the felony murder rule.

Building a Defense

Robbery cases often rely on eyewitness identification, surveillance video, and physical evidence. An experienced attorney will scrutinize the reliability of eyewitness testimony, challenge the admissibility of evidence, and investigate alibi witnesses.

Potential Penalties

• › Robbery: 2nd degree felony (2–20 years prison, up to $10,000 fine)
• › Aggravated robbery: 1st degree felony (5–99 years or life)
• › Deadly weapon finding affects parole eligibility
• › Capital murder possible if death occurs during robbery

Possible Defenses

• › Mistaken identity
• › Alibi
• › No use or threat of force
• › Insufficient evidence
• › Challenging eyewitness identification
• › Self-defense

Frequently Asked Questions