Crim.App.1991), which stated that certain objects, such as a kitchen knife, that have a designed purpose other than as a deadly weapon cannot be considered deadly weapons "unless actually used or intended to be used in such a way as to cause death or serious bodily injury within the meaning of Section 1.07(a)(11)(B)." The specific defense strategy will depend on the facts and circumstances of the case and the skill and experience of your defense attorney. Regardless of how hopeless your case may seem, you do not want to be in a position where you receive a Life Sentence and you are left wondering if the attorney could have presented a better case. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: However, due to the associated violence or the threat of violence, it tends to be penalized more severely compared to the . He has years of experience defending individuals against aggravated robbery charges in the Dallas-Fort Worth area. You may ask: How much jail time do you get for aggravated robbery? The crime of robbery is defined by Title 7, Chapter 29 of the Texas Penal Code. To discuss the possibility of getting probation on an aggravated robbery case you should speak with an experienced criminal defense attorney. Many state statutes fall somewhere in between. Robbery, as defined by Texas Penal Code 29.02, occurs when an individual "in the course of committing theftand with intent to obtain or maintain control of property they: 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." Robs a person who is 65 years of age or older or disabled. The list goes on, but the point is a criminal attorney needs to prepare a thorough mitigation case at trial for aggravated robbery sentencing. In those cases, you need a Fort Worth criminal attorney that will put in the tremendous amount of effort required to get the best aggravated robbery sentence possible. 1. This is a serious charge and you need a seriouscriminal defense attorney. If the judge in a bench trial, or the jury in a jury trial, finds that each element has not been proven beyond a reasonable doubt, they must acquit and find the defendant not guilty of the crime charged. We granted ground 1 of the SPA's petition. That said, it is common for attorneys to use the defense of mistaken identity. Obviously, the sentencing range of five to 99 years or life is very broad. Agreeing with appellant that the evidence was legally insufficient to prove that element, the Court of Appeals reformed the conviction to robbery and remanded the case for a new trial on punishment. May 18, 2017 May 18, 2017. . The subsection first mentions "a firearm" as a deadly weapon. Have you been charged and need to know how to beat an aggravated robbery charge? If that question is answered in the affirmative, then we would have occasion to ascertain whether that object was used or exhibited during the offense. 9 best city in which to live, HISD superintendent Mike Miles announces plans for charter chain, Port Arthur man arrested at gunpoint for aggravated robbery, Corpse flower named Meg lands at Houston museum, could bloom soon, Houstonians react after AI imagines future Bayou City, AI envisions what Houston will look like in the future, Creepy dolls to 'sea monsters': Oddities abound on Texas beaches. It becomes aggravated if the robber is armed or has a deadly weapon. Having a deadly weapon or causing bodily injury qualifies the offender for the higher maximum sentence. Id. Aggravating factors are circumstances that make the offense more serious and increase the level of harm or threat to the victim. Even when a robbery is caught on video, in some cases, a jury can be convinced to sentence the accused to probation. A person can get jail time for aggravated assault. Additionally, you can seek referrals from friends, family members, or other legal professionals. However, if the defendants involvement was minimal or there were mitigating circumstances, a probated sentence may be possible. We have experienced and hard working trial attorneys to defend robbery cases in jury trials and in plea negotiations. That three words are used in the statute ("designed," "made," and "adapted") instead of one emphasizes that a deadly weapon may come to possess its physical characteristics through a variety of methods. PDF Current with legislation from the 2023 Regular Session effective as of May 10, 2023. This can be a lot of work, and an attorney cannot wait until the last minute to prepare your case. Law, Government Classic aggravated robbery examples include the robber who uses a toy gun, sticks a finger in his pocket to look like a gun, or uses a note that says he has a gun. If you or a loved one has been charged with a theft crime, it is crucial to understand how the crime of aggravated robbery is classified, punished, and defended. The latter is an example of aggravated robbery, which is classified as a violent crime and is harder to defend. According to the Texas Penal Code, the term "aggravated" usually refers to an enhancement or special circumstance of the crime. The only other class of offense considered more severe? Those cases involved objects that were admittedly deadly weapons, and the issue posed was whether such objects were "used or exhibited" in the criminal transaction. LegalMatch Call You Recently? Click here. The placement of the word "capable" in the provision enables the statute to cover conduct that threatens deadly force, even if the actor has no intention of actually using deadly force. (bracketed material inserted). Law, Intellectual Robbery happens when someone is trying to steal something (commit theft), and while the person is trying to commit theft they hurt someone or threaten someone. intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. What is the punishment for aggravated robbery? The man, 22, was indicted in late April by a Jefferson County Grand Jury for aggravated robbery. This kind of charge is an extremely risky case to try before a jury. We update our site regularly, and all content is reviewed by experts. Before joining LegalMatch, Ty worked as a law clerk and freelance writer. Your ability to get any kind of probation if you are convicted of aggravated robbery is very limited. 1998). The Court of Appeals initially offered an explanation for finding that the knife was indeed a deadly weapon: Id. A significant mitigating factor is if no one was harmed during the commission of the crime. The criminal offense of breaking and entering a residence illegally to commit a crime while the residents are at home is referred to as home invasion. Ty began working at LegalMatch in November 2021. If "in the course of committing theft" could not be proven at trial, then the theft and the assault were separate events, and the defendant could not be found guilty of robbery or aggravated robbery. According toTexas Code of Criminal Procedure 42A.054(formerly TCCP 42.12 (3)(g)) a judge cannot sentence a person to probation (community supervision) if the person is found guilty of aggravated robbery. According to the SPA, the Raleigh standard requires: (1) the instrument must be "capable" of being used in a deadly fashion, and (2) the possessor must intend that it serve such a purpose when the crime is committed. Multiple Policies To Get Enough Coverage? Texas Penal Code 29.03(a)(2). Despite this reasoning, however, the Court of Appeals was unwilling to find that the knife was a deadly weapon due to its intended use because "we have found no Texas Court of Criminal Appeals opinion in which the carrying of a potentially deadly weapon in this manner, without at least some form of threatening conduct relating to it, was found sufficient to show either the existence or use of a deadly weapon." Law, Insurance Do not go before a jury with an attorney that is not comfortable and skilled at trying difficult cases. Jail or prison is a serious possibility if youre convicted, so well waste no time developing a strategy to fight for your freedom. "Firearm" describes an object of certain physical characteristics, and the Legislature has dictated that such an object is a deadly weapon. And its purpose is to increase its level of punishment. Police learned the man had been seen by staff hiding merchandise in his backpack, and when confronted, he took a black hatchet out of his backpack and threatened to kill staff members if they did not let him leave the store. That statute incorporates the Penal Code definition of "deadly weapon" and contains "use or exhibit" language parallel to that contained in the aggravated robbery statute: Article 42.12 3g(a)(2). Even when a robbery is caught on video, in some cases, a jury can be convinced to sentence the accused to probation. Finding trusted and reliable insurance quotes and legal advice should be easy. This situation makes having a skilled criminal defense trial attorney on your side all the more important. 1.07(a)(17)(A)). Get in touch with her by email at megan.zapalac@beaumontenterprise.com. What are common defenses to an aggravated robbery charge? The provision's plain language does not require that the actor actually intend death or serious bodily injury; an object is a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury. We have experienced and hard working trial attorneys to defend robbery cases in jury trials and in plea negotiations. How is aggravated robbery treated in different states? & The caselaw interpreting 3g(a)(2) focuses solely upon the language of the provision. Strauss Law Firm, 1001 Texas Ave, Suite 710, Houston, TX 77002. Robbery becomes aggravated robbery under the following situations: 1. This situation makes having a skilled criminal defense trial attorney on your side all the more important. Rather, the determining factor is that the deadly weapon was "used" in facilitating the underlying crime. He was then arrested for aggravated robbery and taken to the Jefferson County jail, according to the report. Without any criminal history, an aggravated robbery sentence in Texas ranges from a minimum of 5 years to 99 years or Life in prison (Texas Department of Criminal Justice). Regardless of how hopeless your case may seem, you do not want to be in a position where you receive a Life Sentence and you are left wondering if the attorney could have presented a better case. (c) To begin your search for an experienced criminal defense attorney, you can enter your ZIP code in the search tool below. A skilled attorney can analyze the specific circumstances of your case, investigate the evidence against you, and develop a strong defense strategy to protect your rights and achieve the best possible outcome. The defendant causes serious bodily injury to another individual. The statute does not say "anything that in the manner of its use or intended use causes death or serious bodily injury." For legal sufficiency purposes, the question is whether, "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." The men were shot. A deadly weapon is not just a gun or knife, it also includes anything that could cause death or serious bodily injury. [3] There are other methods of committing aggravated robbery. Does robbery require the use of a weapon? Houston theft crimes lawyer Brandon Strauss is a knowledgeable, effective criminal defense attorney who has maintained a history of earned outstanding results for his clients since 2008. The takeover of HISD dates back to 2019, when Wheatley High School triggered a state law by failing to meet accountability standards for seven consecutive years. Those include committing robbery while also: If someone has no criminal history then an aggravated robbery sentence is from 5 years to 99 years or Life in prison (TDCJ). Ty received his Juris Doctorate from the University of Missouri-Kansas City School of Law in May of 2021. It is a sufficiently aggravating circumstance to exhibit or carry a weapon and threaten to use it. Aggravated robbery is a criminal offense that involves the use of force or threat of force during a robbery. If the defendant used or exhibited a deadly weapon during the robbery, the offense may be enhanced to a first-degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of up to $10,000. These statements are considered hearsay in most circumstances. With the help of a skilled Texas criminal lawyer, you can mount a robust defense against the charges and protect your future. If a person meets other requirements, including having never been convicted of a felony, then a jury can assess probation (community supervision) for a conviction of aggravated robbery in some instances. (emphasis added). your case. Examples of Aggravated Robbery: Basic theft crimes are classified as nonviolent crimes with three main requirements: Force is not involved in nonviolent theft crimes. Philip D. Ray is a top criminal defense lawyer and defends clients in these areas. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation. In sentencing the issue ofmitigating factorsmay be the most important in aggravated robbery cases. Appellant Raul Bahena challenges his convictionfor aggravated robbery. Agreeing with appellant that the evidence was legally insufficient to prove that element, the Court of Appeals reformed the conviction to robbery and remanded the case for a new trial on punishment. In Tennessee, there are different criminal charges and sentencing ranges for aggravated and especially aggravated robbery. Generally, home invasion burglary is a felony, punishable by severe fines and jail time and if the perpetrator is armed, the penalty could be life in prison. Unlike the Federal sentencing system, Texas does not have specificguidelines for sentencing. For instance, if a thief places his hands on a camera case hanging from the victims shoulder but the theft is stopped before he could move it, it is still considered a robbery because the thief had control over the item. A textbook example of larceny would be pickpocketing, which is the stealing of money or other valuables from a persons purse, pocket, or body without the victim noticing the theft at the time. 1984). Your chance of getting probation if you are convicted of aggravated robbery is limited. Robbery is the act of using force to take the property of another person without their consent or against their will by using force or the threat of violence to compel the owner of said property to comply. Megan Zapalac is the public safety reporter for The Beaumont Enterprise. Some mitigating factors for aggravated robbery sentencing include: No two cases are the same, but our criminal defense attorneys have received outstanding verdicts for sentencing in aggravated robbery cases. It is a more serious crime than simple robbery because it involves an additional element of violence or intimidation, which can result in more severe penalties upon conviction. Although, the current law in Texas does not require the judge to instruct the jury on the importance of mitigating factors, your criminal attorney needs to present that evidence and explain to the jurors why it is important. If youre looking for a lawyer to represent you on a robbery or other theft charge, call Brandon to schedule a meeting to learn more about your options. We are not concerned with those in the present case. In Texas, even afirst offense Aggravated Robbery Charge is a First Degree Felony charge that can lead to a sentence of life in prison. Present What are the mitigating factors that could reduce the sentence? Carjacking is the act of stealing a car from a victim by force. On many occasions robberies with this alleged fact pattern are difficult cases to work out with a plea agreement. There are some factors that may mitigate the punishment. THE STATE OF TEXAS, Appellee . Whatever the merits of that position, an object that has an obvious purpose apart from causing death or serious bodily injury cannot be a deadly weapon under subsection (A): the object must be "manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury" (emphasis added). In connection with this contention, the SPA argues that the words "designed, made, or adapted" in subsection A indicate that an object may be a deadly weapon under subsection (A) for reasons that include but are not limited to the object's physical design. Getting the best possible aggravated robbery sentence may require the help of private investigators, psychologist, doctors, or other experts, and can benefit from talking to your friends and family about testifying to mitigating factors. If you need specific guidance, you should contact a local criminal defense attorney, and you can begin your search right now byentering your ZIP codeabove. The Hobbs Act comes closest to a federal aggravated robbery statute. Find the right lawyer for your legal issue. Police say a Beaumont man robbed a local grocery store around lunchtime using a hatchet. Aggravated robbery involves the use of a deadly weapon or something that appears to be a deadly weapon. O: (469) 588-6770. The Court of Appeals noted the existence of a conflict between Bailey and our opinion in Patterson. [1] A charge on the lesser-included offense of robbery had been submitted to the jury. Even if you avoid a long prison sentence this kind of charge is very damaging to your long-term criminal record. M-F: 8:30am-6:30pm In those cases you need a Fort Worth criminal attorney that will put in the tremendous amount of effort required to get the best aggravated robbery sentence possible. Cofer Luster Law Firm, PC has a substantial network of experts throughout Texas. Under Texas law, aggravated robbery is a first-degree felony, which carries a penalty of five to ninety-nine years in prison and a fine of up to $10,000. Clearly, stiffer sentences will be handed down if there was a death or serious injury during the commission of the crime. Submit your case to start resolving your legal issue. causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: Armed robbery involves the use of a weapon. Now, there are two things that must be pointed out about these aggravating factors. Strong Armed Robbery Lawyer Near Me: What Is Strong Arm Robbery? Those include committing robbery while also: If someone has no criminal history then an aggravated robbery sentence is from 5 years to 99 years or Life in prison (TDCJ). OFFENSES AGAINST PROPERTY CHAPTER 29. Remember that time is of the essence in criminal cases, so do not delay in contacting a lawyer to discuss your legal options. This field is for validation purposes and should be left unchanged. Character Letters cannot practically be used at aggravated robbery sentencing, because out-of-court statements (written or spoken) generally cannot be used in court. Home Blog In Texas, What is Aggravated Robbery? Georgia Robbery against an Elderly Person Lawyers, Georgia Taking a Controlled Substance in the Course of Armed Robbery Lawyers, Battery with Intent to Commit Robbery Attorneys, Nevada Robbery with Use of Deadly Weapon Lawyers, Intentionally, knowingly, or recklessly causes bodily injury to another; or. A conviction for aggravated robbery is life-changing and needs to be avoided whenever possible. Threatening people on the streets with a baseball bat and demanding all their money and jewelry is robbery, even if no one is injured. The defendant was armed or had a deadly weapon. Without any criminal history, an aggravated robbery sentence in Texas ranges from a minimum of 5 years to 99 years or Life in prison (Texas Department of Criminal Justice). An aggravated robbery sentence can run between five and 99 years, with some cases calling for the judge to issue a harsher life in prison sentence. "Robbery" happens when someone is trying to steal something (commit theft), and while the person is trying to commit theft they hurt someone or threaten someone. Unusual circumstance Evidence can be introduced that you were acting under great personal stress and your actions were out of character due to temporary emotional difficulty or significant provocation. The defendant causes serious bodily injury to another individual. Minnesota has two different degrees of aggravated robbery. So, the jury or the judge has a huge range for deciding on the penalty in any case. Technically, because aggravated robbery requires taking the personal property of another with the intent to permanently deprive that person of it, if the defendant was retaking what was his, the prosecution would not be able to prove this element of the crime. This cannot be done unless the lawyer investigates and puts tremendous effort into piecing the case together. If . Character Letters cannot practically be used at aggravated robbery sentencing, because out-of-court statements (written or spoken) generally cannot be used in court. As the Court of Appeals pointed out, we have already interpreted a similar statute in the past. See Tisdale v. State, 686 S.W.2d 110, 114-115 (Tex.Crim.App. Gale v. State, 998 S.W.2d 221, 225 (Tex.Crim.App.1999). Colorados sentencing scheme, on the other hand, sets the maximum sentence for aggravated robbery at 16 years, but the fine can be set as high as $750,000. A sentencing judge will also likely consider the defendants age and a show of genuine remorse. Often these robbery or aggravated robbery charges are coupled with Burglary of a Habitation charges. A deadly weapon is typically a firearm or knife but includes any item that could cause death or serious bodily injury (i.e., a bat). To get started or to get answers to any questions you may have, call Attorney Brandon Strauss today at 713-586-9600. Fax: (682) 238-5577. Texas & Robbery Cases. An object could be manufactured as a deadly weapon, an object could be assembled together with other objects in a physical form that would render it a deadly weapon, or an object could be modified from its original form in such a way as to render the object a deadly weapon. So what does aggravated robbery mean? We've helped more than 6 million clients find the right lawyer for free. There is a statute that punishestheft of government property,and another that addresses the theft or receipt of stolen mail. This might include a history of taking care of dependents (children or elderly parents). St. Most states, however, will not entertain this defense, on the grounds that it encourages dangerous self-help measures that all too often lead to injuries and worse. There was no evidence that appellant touched, brandished, referred to, or overtly displayed the knife in any way other than having it partly sticking out of his pocket. Law, Employment About Criminal Defense Areas Contact James Today Submit Aggravated Robbery Charges Fort Worth Aggravated Robbery Defense Lawyer This is a serious charge and you need a serious criminal defense attorney. Aggravated robbery and aggravated kidnapping are both first degree felonies, with each count punishable upon conviction by a maximum sentence of up to life in prison. These lawyers investigate the case, analyze the evidence, identify weaknesses in the prosecutions case, and develop a defense strategy that may include negotiating a plea bargain or arguing in court for reduced charges or dismissal of the case. The higher charge results from the use of a deadly weapon and causing injury during the commission of a robbery. But a closer reading of the opinion shows that the Court was simply making a shorthand reference to subsection (B)'s requirement while the Court focused upon the applicability of subsection (A). PENAL CODE TITLE 7. The following are some common defenses to aggravated robbery: These are just a few of the many possible defenses to an aggravated robbery charge. Thank you. The Court of Appeals then discussed caselaw interpreting the portion of the community supervision statute relating to deadly weapon findings. Aggravated robbery happens when a person threatens or uses physical force to steal or take something from someone else while carrying a dangerous weapon or offensive instrument. Secured with SHA-256 Encryption Written by Jeffrey Johnson (This may not be the same place you live). It also includes work history, education history, and community involvement. The STATE of Texas. Individuals who find themselves in this situation run the risk of conviction with a lengthy prison sentence. The punishment for an aggravated robbery conviction will vary depending on the circumstances, but prosecutors almost always seek prison sentences. A person can be charged with robbery if they committed the theft by violent, threatening, or intimidating means, even though an actual weapon was not used. We also have private investigators that we trust and can use when we need to make our own investigation of the case. In its petition for discretionary review, the SPA appeared to concede that the butcher knife was not a deadly weapon under 1.07(a)(17)(B), which defines deadly weapon by its use or intended use: "As to subsection (B). We do not disagree with the court's conclusion that there was no evidence that the appellant used or intended to use the knife to inflict death or serious bodily injury." While the definition of aggravated robbery often stays the same, the sentence varies drastically. Sat & Sun: By appointment only. We also have private investigators that we trust and can use when we need to make our own investigation of the case. Another defensive strategy is not to challenge the robbery, but instead challenge the use or threat of force that resulted in elevating the charge to aggravated robbery. Under Texas Penal Code Sec. You cannot get probation from the judge after the trial. It becomes aggravated if the robber is armed or has a deadly weapon. In any event, probation for aggravated robbery usually requires intensive supervision, including frequent reporting requirements and alcohol and drug testing. What are first, second, and third degree robbery? Since armed robbery in Texas is labeled a " 3g offense ," there is no chance for a defendant to get probation from a judge. The SPA criticizes, as being too broad, language in Thomas v. State, 821 S.W.2d 616, 620 (Tex. Julie Ann Bell v. The State of Texas Appeal from 36th District Court of San Patricio County (memorandum opinion) Annotate this Case Download PDF He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. A first-degree felony is punishable by 5-99 years in prison. Aggravated robbery is a serious violent crime, and the charges typically proceed to trial. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation. M-F: 8:30am-6:30pm For example, threatening to do physical harm to the victims family member in advance is not imminent enough to qualify as a threat. causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (A) 65 years of age or older; or (B) a disabled person. The court observed that the Supreme Court held that "use," in the context of a federal statute, involves employing a firearm "in a way that makes it an operative factor in the offense, such as brandishing, displaying, striking with, firing, or attempting to fire the firearm," or making a verbal reference to a firearm that is calculated to change the circumstances. 105, 16 P.2d 752 (1932) as establishing an instructive approach to deadly weapon issues. Murder. As a Board Certified criminal specialist who is admitted to practice law in the Northern and Eastern Districts of Texas, I am uniquely qualified to defend robbery cases in federal court as . ROBBERY. Id. McCain, 987 S.W.2d at 137 n. 5. Given the foregoing discussion, the mere carrying of a butcher knife during such a violent attack as occurred in the present case was legally sufficient for a factfinder to conclude that the "intended use" for the knife was that it be capable of causing death or serious bodily injury. They also provide their clients with advice and guidance, explain their legal options, and help them make informed decisions about how to proceed with their cases.
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