Have you or someone you love been arrested and charged with robbery? Do you believe that a charge may be imminent? Robbery is a very serious crime in Texas that is closely related to both Theft and Assault. If you or a family member is facing robbery charges, it is critical that you consult with an attorney that can help you develop a gameplan for dealing with these charges.
The Difference between Robbery and Burglary
Robbery occurs when a person uses force or threatens the use of force to take property from another person. This is the crime that occurs when someone steals a car, steals a purse, or mugs someone. The keystone of robbery is the violence or threat of violence.
People often use robbery and burglary interchangeably, although they are different crimes. Burglary is the crime of breaking and entering a home or a building in order to commit theft. Burglary typically occurs when the occupants are not home. However, robbery and burglary could both occur at the same time, if the occupants are present during the burglary and force or the threat of force is used.
Penalties for Robbery
Robbery is a very serious charge in Texas. It is classified as a Second Degree Felony. That means that a conviction can mean prison time, and the punishments range from two years to twenty years in prison. All felonies have maximum fines of $10,000.
This used to be called armed robbery. Aggravated robbery means that a deadly weapon was used in the commission of the crime. A deadly weapon obviously mean guns and knives, but it can also mean any object that is capable of causing death or serious bodily injury. Aggravated robbery increases the charge to a First Degree Felony.
Furthermore, aggravated robbery is a so-called 3g offense. from Section 42.12 of the Texas Code of Criminal Procedure. 3g offenses are violent crimes like aggravated kidnapping, murder, sexual assault. Under 42.12 §(3)(g) of the Texas Code of Criminal Procedure, a judge is prohibited from granting probation, although a jury can grant probation. Persons convicted of 3g offenses must serve more of it before becoming parole eligible.