Robbery and aggravated robbery are among the most serious charges I handle. A second-degree felony robbery carries up to 20 years in prison. Aggravated robbery — a first-degree felony — starts at 5 years and goes up to 99. These aren’t charges where the State is looking to make a deal. In Collin County, district attorneys treat robbery cases aggressively, plea offers are often harsh or nonexistent, and the stakes of how the case is handled from the very beginning are enormous.
If you or someone you care about is facing a robbery or aggravated robbery charge, I’ll be straight with you about where things stand and what the realistic options look like. These cases are hard. They’re not impossible.
Robbery vs. Aggravated Robbery — What Makes the Difference
Under Texas Penal Code §29.02, a person commits robbery if — in the course of committing theft, and with intent to obtain or maintain control of property — they either intentionally, knowingly, or recklessly cause bodily injury to another person, or intentionally or knowingly threaten or place another person in fear of imminent bodily injury or death. Robbery is a second-degree felony: 2 to 20 years in prison and a fine up to $10,000.
Under §29.03, robbery becomes aggravated robbery — a first-degree felony — if any one of three additional factors is present:
- The defendant causes serious bodily injury to another person
- The defendant uses or exhibits a deadly weapon
- The victim is 65 years of age or older, or a disabled person substantially unable to protect themselves
Aggravated robbery carries 5 to 99 years in prison — or life — and a fine up to $10,000.
The line between robbery and aggravated robbery often turns on two specific definitions. Bodily injury means physical pain, illness, or any impairment of physical condition — a relatively low bar. Serious bodily injury means injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of a body part or organ. Whether the injuries in a specific case meet that higher threshold — and whether the State can prove it — is a real question in many cases.
A Critical Element the State Has to Prove: “In the Course of Committing Theft”
This is the element of robbery that gets the least attention — and it’s one of the most important ones for the defense.
Robbery isn’t just a threat or an assault. It’s a threat or assault that happens in the course of committing theft. Under §29.01, that phrase covers conduct occurring during an attempt to commit theft, during the commission of theft, or during immediate flight after the attempt or commission of theft. That’s a broad window — but it has limits.
The State has to prove that the force or threat was connected to a theft attempt. If someone assaults another person and property happens to go missing, that’s not automatically robbery. The violence or threat has to be part of an effort to take or keep control of property. If that connection can’t be established — or if the timeline doesn’t hold up — the State’s robbery theory falls apart, and what’s left may be a lesser included offense like theft.
In cases involving disputed facts, this element is worth examining carefully. When did the force occur? Was there actually a theft attempt? Was the defendant fleeing a completed theft, or something else entirely? These questions matter.
How I Defend Robbery Cases
Robbery cases are often built on two types of evidence: surveillance footage and eyewitness identification. Both are more fallible than they appear at trial. Here’s how I approach these cases:
- Mistaken identity. Eyewitness misidentification is the leading documented cause of wrongful convictions in violent crimes. High-stress situations, poor lighting, brief exposure, and cross-racial identification all affect reliability. How a lineup was conducted and how identification was obtained matters. I look closely at the identification procedure and whether it was suggestive or unreliable.
- Alibi. Where were you when the offense occurred? Cell phone records, video footage, witness testimony, and transaction records can all place a defendant somewhere other than the scene. Building an alibi defense requires getting the evidence early, before it disappears.
- Challenging the theft connection. As discussed above — if the State can’t establish that the force or threat occurred in the course of a theft attempt, the robbery charge doesn’t hold up. I look at whether that element can actually be proven on the specific facts of the case.
- What qualifies as a “deadly weapon”? Aggravated robbery charged on weapon grounds requires that a deadly weapon was used or exhibited. A firearm qualifies automatically. But for other objects, “deadly weapon” means the item was used or intended to be used in a manner capable of causing death or serious bodily injury. Whether a specific object meets that definition — and whether it was actually exhibited in a threatening way — is a legitimate challenge in some cases.
- Serious bodily injury vs. bodily injury. If the State is charging aggravated robbery on the basis of serious bodily injury, the actual extent and nature of the injuries matters. Medical records, expert testimony, and the specific definitions under Texas law all come into play.
- Duress or coercion. If a defendant was forced to participate in a robbery under threat of harm to themselves or someone else, that can be a defense. It’s fact-specific and the burden is on the defense to raise it, but it applies in situations where someone was genuinely coerced into participating.
- Jury trial strategy. For aggravated robbery — a first-degree felony — a judge cannot grant community supervision after a jury conviction. Only a jury can recommend probation, and only under specific circumstances. This is one reason that how the case is tried, and before whom, matters enormously. Every strategic decision in an aggravated robbery case has to account for the punishment options available at each stage.
I’ll be straight with you about the facts of your case and what a realistic outcome looks like. These are difficult cases. But difficult isn’t the same as hopeless, and the right defense starts with an honest assessment.
Frequently Asked Questions About Robbery Charges in Texas
What’s the difference between theft, robbery, and aggravated robbery in Texas?
Theft involves taking property without force or threat. Robbery adds the element of force or threat — it has to happen in the course of a theft attempt, with intent to take or keep control of property. Aggravated robbery takes it further: the robbery involved serious bodily injury to the victim, a deadly weapon was used or displayed, or the victim was elderly (65+) or disabled. Each level carries significantly higher penalties than the one below it.
Can I get probation for aggravated robbery in Texas?
Potentially — but the path is narrow. Aggravated robbery is a first-degree felony, and a judge cannot grant community supervision after a jury conviction. Only a jury can recommend probation in that scenario, and only under specific circumstances. This makes jury trial strategy critically important in aggravated robbery cases — the decision about how to proceed at trial has direct consequences for what punishment options are even available if there’s a conviction.
What is “jugging” and is it related to robbery?
Jugging is a newer offense under §29.04, added to the Texas Penal Code in 2025. It involves following someone from a bank or financial institution along the same route, while in possession of two or more criminal instruments, with the intent to steal their money. At its base level it’s a state jail felony — but if the actor commits robbery in the course of the jugging offense, it becomes a first-degree felony. Law enforcement in North Texas has become increasingly focused on jugging cases, particularly in the DFW area where these operations have been reported at bank branches and ATMs.
What does “deadly weapon” mean for an aggravated robbery charge?
A firearm is always a deadly weapon under Texas law. For other objects, “deadly weapon” means anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. That definition is broader than most people expect — a vehicle, a bat, a knife, or even certain everyday objects can qualify depending on how they were used or threatened to be used. Whether a specific object meets the definition in a specific case is a question worth examining carefully.
What should I do immediately after being charged with robbery?
Don’t make any statements to law enforcement without an attorney present. I mean this — anything you say will be used against you, and in robbery cases, statements made early in the investigation often become the most damaging evidence at trial. Invoke your right to remain silent and your right to an attorney. Then reach out to a criminal defense attorney as quickly as possible. The earlier someone is looking at the evidence, preserving records, and assessing the State’s case, the more options you have.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
I’ll be straight with you about your situation, explain all of your options, and fight hard for the best possible outcome — no obligation, no hard sell. I personally read and respond to every message, typically within a few hours.