Is Robbery a Felony?

Robbery is defined under Title 7 Chapter 29 of the Texas Penal Code.

Under this law, it occurs when “in the course of committing theft with intent to obtain or maintain control of the property,” you:

  • “Intentionally, knowingly, or recklessly cause bodily injury to another” or
  • “intentionally or knowingly” threaten or place another in fear of imminent bodily injury or death

Under this definition, robbery thus occurs during a theft crime and includes some type of force or violence or threat of violence committed against an alleged victim. The law does not state that the theft must necessarily have been accomplished, merely that it “in the course of.” It also does not state that the bodily injury or threat of injury necessarily was directed at the intended theft victim; the recipient of the violence or threatened violence could possibly have been someone else.

The above law goes on to say that robbery under the above definition is charged as a second-degree felony. In Texas, second-degree felonies carry penalties of two up to 20 years in prison along with fines of up to $10,000.

Aggravated Robbery in Texas

Aggravated robbery is a more serious form of robbery that is also outlined in the above Texas law. Aggravated robbery occurs when the bodily injury caused to another while committing theft is “serious bodily injury.” Using or displaying a deadly weapon also elevates robbery to the category of “aggravated.” The final definition of aggravated robbery involves bodily injury or its threat to someone who is 65 or older or to a disabled person.

“Serious bodily injury” is defined under Texas Penal Code 1.07(a)(46) as injury that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

A deadly weapon could be any type of object that is able to cause death or serious bodily injury. This could include such items as clubs, bats, knives, hammers, scissors, ropes, heavy glass decanters, and more besides the most obvious weapons of guns and firearms.

Under these definitions of aggravated robbery, it is charged as a first-degree felony. First-degree felonies are punishable by five years up to life in prison along with fines of up to $10,000.

Facing a Robbery Charge in College Station, Bryan, or Brazos County?

Aside from the above-mentioned penalties, a robbery felony conviction will leave you with a permanent criminal record that can jeopardize your future in terms of jobs, professional careers requiring licenses, housing, and educational opportunities. Your record will be available to anyone running a background check.

The quality of your legal representation can play a critical role in how your criminal case unfolds and is finally resolved. At The Law Office of Shane Phelps, P.C. you can work with a legal team led by a Board Certified Criminal Law Specialist who has met the highest professional standards in the state. This combined with 30 years of experience can make a significant difference in how your case is investigated and defended. Our firm is dedicated to bringing you the expertise and commitment it deserves in pursuing your best interests.

Contact us online to arrange to speak with an attorney about your case or phone (979) 773-7028 today.