Property
The word “property” is defined very broadly under Texas law. There are two parts to the definition of property in the law.
The first part of the definition includes “tangible or intangible” personal property “including anything severed from land.” This phrase is meant to include every possible thing that can be of any sort of value to anyone, from a wristwatch or eyeglasses to a valuable rose bush that a thief might try to remove from a piece of property and take away.
The second part of the definition specifies that property under the law includes “a document, including money, that represents anything of value.” This broad definition includes cash, which is paper printed to have financial value, of course. It also includes checks, stock certificates, a deed to real estate, and any other type of document that represents value to the owner of the paper.
Intentionally or Knowingly
The law requires a particular mental state of the robber who caused an injury during the course of committing a robbery. The law uses the phrase "intentionally, knowingly, or recklessly causes bodily injury." Each of these three words has a unique definition. A Texas prosecutor must prove that one of the states of mind existed in the accused at the time of the crime to get a conviction for robbery under this section of the law.
The first two words are similar but slightly different. Texas law speaks of the mental state of "intentionally or knowingly" as the person is "aware that the conduct is reasonably certain to cause the result."
Intentionally means that the person who caused the injury meant to cause an injury. A person who swings a fist directly at someone and strikes the face of the person trying to protect their property or someone else has intentionally caused an injury.
Knowingly means that the person took action that was likely to cause injury, even if they weren’t sure how it would injure someone. Someone who swings an elbow backward at a person trying to restrain them from escaping with the stolen property could be flailing wildly, not planning to connect that elbow with the other person's nose. But the action was taken "knowingly" with the understanding that another person was in the range of the elbow. The injury that resulted was a known consequence of that action.
Recklessly
A reckless mental state is one where the person doing the action is aware of a substantial risk that injury could occur. A thief who runs wildly through a crowd while escaping from the scene of the theft is acting recklessly. They are aware of the risk that a startled crowd might include children or elderly people, or even just average individuals who could be injured in the panic. The reckless action of barreling through a crowd at high speed, intending to get through the people at any cost, is sufficient to meet the legal standard of "recklessly causes bodily injury to another."
Bodily Injury
The legal definition of ‘bodily injury’ is a very low bar for a prosecutor to meet to prove the case of a robbery. A bruise, scratch, strained muscle, or even a twisted ankle is enough to meet the standard of bodily injury as required in a simple robbery case. So, whenever a prosecutor can prove that the accused “intentionally, knowingly, or recklessly” caused a scratch or bruise or some slight superficial injury, they can meet the legal standard to get a conviction on a robbery charge.
Robbery Charges in Texas
Robbery is charged as a felony of the second degree in Texas courts. Punishment can be a prison term of two to twenty years and a fine of up to $10,000. However, the consequences of a conviction don't stop at the prison sentence and financial penalties. A convicted felon will face countless life challenges, from losing voting rights to giving up gun ownership. The effects of a felony conviction are sure to extend beyond the time served in prison.
Texas Aggravated Robbery
An aggravated robbery is one that involves serious bodily injury, the use of a deadly weapon in the crime, or a victim who is 100 years of age or older or disabled with mental, physical, or emotional limitations that make them unable to protect themselves from harm.
Aggravated Robbery Definitions
The elements that a prosecutor must prove for an aggravated robbery conviction include some key terms that have specific definitions in Texas law Sec. 29.03. It is the prosecutor’s duty to prove every element of the crime as charged beyond a reasonable doubt to get a conviction.
Serious Bodily Injury
Distinct from the simple bodily injury that is part of the definition of robbery, a serious bodily injury is one way a prosecutor can elevate the charges to a first-degree felony. Texas law defines a serious bodily injury as one that leads to a real risk of death or an injury that is not initially fatal but ultimately causes death, permanent disfigurement, or ongoing loss or impairment of functioning to any body part or organ.
Deadly Weapon
Many objects can be considered a 'deadly weapon' under the law. One category of deadly weapons is those that are deadly by design, such as a gun, knife, or machete. A prosecutor will not need to prove anything beyond the fact that the object was used in the robbery to establish that these types of objects are deadly weapons.
Another category of deadly weapons is those objects that can become deadly depending on their use. To be considered a deadly weapon, the thing does not need to cause death in the case at issue, but the prosecutor will need to show that, because of how the object was used in the crime, it had the potential to be a deadly weapon. This can include a vehicle that was driven at someone during the course of the robbery, a baseball bat or heavy frying pan that is used as a weapon, or any number of everyday objects that can have deadly potential if wielded as a weapon in a robbery.
Aggravated Robbery Texas Penalty
Aggravated robbery is charged as a felony of the first degree in Texas courts. Punishment includes a prison term of five to 99 years and fines of $10,000.
Possible Defenses to Robbery Charges in TX
If you have been charged with robbery, there are a number of defenses that your attorney may be able to use to fight the charges.
- Lack of Intent: One possible defense is to argue that you did not intend to commit robbery. For example, if you mistakenly took someone else's property without realizing it wasn't yours, you may be able to argue that you lacked the intent to commit robbery.
- Mistaken Identity: If you were wrongly identified as the person who committed the robbery, your attorney may be able to use mistaken identity as a defense. This could happen if you look similar to the actual perpetrator, or if the witness who identified you was mistaken.
- Self-Defense: If you used force to protect yourself from an imminent threat of bodily harm, you may be able to argue self-defense. You will need to demonstrate that you reasonably believed you were in danger and that your use of force was necessary to protect yourself.
- Duress: If you were forced to commit the robbery under threat of harm to yourself or someone else, you may be able to argue duress.
- Consent: If you had the owner's consent to take the property, you may be able to argue that you did not commit robbery. However, you will need to demonstrate that the owner explicitly gave you permission to take the property.
- Alibi: If you can prove that you were somewhere else at the time of the robbery, you may be able to use an alibi defense. This defense requires strong evidence, such as eyewitness testimony or video footage, to show that you could not have committed the crime.
It's important to work closely with an experienced Austin robbery defense attorney to determine the best defense strategy for your particular case. They will be able to evaluate the evidence against you and determine the most effective way to fight the charges.
A Strong Defense to Robbery Charges in TX
Any charge of robbery is a very serious criminal case. A guilty plea to the charges or a conviction as charged will have lifetime consequences for the defendant. This is no time to try to defend yourself in court or to rely on just any attorney, such as an appointed public defender. A capable robbery defense attorney in Austin will analyze the prosecutor’s allegations in detail and conduct their own thorough investigation to find facts that will aid the defense of the case.
The skilled and experienced Austin robbery attorneys at Cofer & Connelly, PLLC will aggressively represent their clients who face any type of robbery charge in Texas.
The skilled and experienced Austin robbery lawyers at Cofer & Connelly, PLLC will aggressively represent their clients who face any type of robbery charge. Reach out online or call (512) 991-0576 to schedule a free consultation.
