What Is The Minimum Sentence For Aggravated Robbery In Texas

February 24, 2024

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What is the minimum sentence for aggravated robbery in Texas? Let’s be upfront — if you are convicted of aggravated robbery in Texas, you will automatically have to spend some time in prison; but you may be in for a lengthier sentence depending on the circumstances. While the lines between committing theft and committing robbery can be quite thin, the difference in consequences is stark.

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If you or a loved one has been arrested on suspicion of robbery or armed robbery, you need to hire an aggressive and compassionate criminal lawyer to start building your defense today. Mark Thiessen is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is not afraid to take sensitive cases to court and fight for your freedom.

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What is aggravated robbery?

In order for the court to determine the range of prison time that you could be facing, they must first determine what type of crime was committed. The difference between, robbery, aggravated robbery, and armed robbery is pretty simple.

Robbery, as defined by Texas Penal Code § 29.02, occurs when an individual “in the course of committing theft…and 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.”

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A person will only be charged with aggravated robbery in Texas if they, in the course of committing a robbery offense:

cause serious bodily injury to another;
use or exhibit a deadly weapon; or
cause bodily injury to another person, threaten or place another person in fear of imminent bodily injury or death, if the other person is:
- 65 years of age or older; or
- a disabled person.

The difference between robbery and aggravated robbery depends on a few aggravating factors. The use of a deadly weapon can apply to “any object in the manner of its use or intended use capable of causing serious bodily injury or death,” — so, in an aggravated robbery or assault with a deadly weapon in Texas, the deadly weapon designation can as easily be assigned to a rifle as a rock picked up in the backyard.

What class felony is robbery in Texas?

Robbery offenses are classified as second-degree felonies, which carry already severe fines and jail time, while aggravated robbery offenses are classified as first-degree felonies with even steeper penalties.

Why is aggravated robbery a felony?

Aggravated robbery is a felony because robberies often end up in serious bodily harm and loss of property. If a person were to commit theft without causing bodily injury or making threats, their crime would be charged as theft instead of robbery, and the charges would be much more lenient. Robbery can therefore be thought of as aggravated theft, and aggravated robbery is an even more serious form of robbery.

That being said, robberies are situations in which things often spin out of control. Theft can turn into robbery, and robbery into aggravated robbery, in the blink of an eye which can result in even harsher penalties that will be tough to avoid. With that said, what is the minimum sentence for aggravated robbery in Texas?

How long do you go to jail for armed robbery in Texas?

An aggravated robbery sentence will land you a minimum of five years, and up to 99 years, in state prison.

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As you can see, the length of a sentence for either of these convictions can vary significantly. If you’re thinking that these look shockingly steep, it’s because they are. To determine the length of a sentence for armed robbery, the judge will consider a few factors:

Criminal history of the defendant
Motivation for criminal activity
The defendant’s role in the crime, i.e. whether they were merely an accessory
The injuries sustained by the victims of the crime

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Repeat offenders who perpetrate violent aggravated robberies could be looking at spending the rest of their lives in prison. Depending on the circumstances, an aggravated robbery sentence can be as severe as a capital murder charge in Texas. The justice system does not do business in mistakes or intentions, generally, so it is imperative that you hire the best lawyer that you can find to avoid an aggravated robbery sentence that will change the course of your life.

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