Posted on 2/21/22

A person can be charged with robbery instead of theft when they attempt to steal property or actually do steal something and cause injury to another person. The penalties for a robbery conviction are more serious than those for theft. However, a defendant can face even higher penalties if the robbery is considered an aggravated robbery. When someone is charged with aggravated robbery, it is important for them to understand the charges they are up against and how it can affect them in the future.


Robbery is a theft in which the victim becomes injured or fears being seriously injured or killed. Robbery occurs when the suspect:

  • Committed theft 

  • With the intention to obtain or maintain control of the property

  • While intentionally, knowingly, or recklessly causing bodily injury or threatening to place another in fear of imminent bodily injury.

Robbery is a second-degree felony charge in Texas and carries a penalty between two and 10 years in prison. If convicted, the defendant will also face fines up to $10,000. Robbery does not have to include the use of a weapon. The injury that happened or the threat of injury during the commission of the theft is enough for a prosecutor to bring robbery charges.

Aggravated or Armed Robbery in Texas

Aggravated or armed robbery happens when the person attempting to steal something causes serious injury to another person. The prosecutor must also prove all of the elements of a robbery. Additionally, they must prove that the suspect used or displayed a weapon during the robbery. Prosecutors can also bring aggravated robbery charges when the victim is over 65 years old or disabled. To convict a defendant of robbery, the prosecution must prove that the defendant:

  • Caused serious bodily injury

  • Used or displayed a deadly weapon

  • Caused bodily injury, or placed someone 65 or older or a disabled person fear

A serious bodily injury is one that “creates a substantial risk of death or that causes death, serious permanent disfigurement, protracted loss or impairment of the function of any body part or organ.” One example of aggravated robbery would be pointing a gun at someone else and demanding that they give you their wallet. Another example would be shooting someone during the process of stealing from them. 

Armed robbery is a specific type of aggravated robbery, although someone is to be charged with armed robbery even if he or she does not have a weapon at the time of the alleged crime. Aggravated and armed robbery are serious first-degree felony charges that carry up to 99 years in prison and fines of up to $10,000.

Contact a Dallas/Fort Worth Robbery Attorney

Due to the seriousness of robbery and armed robbery charges, you need to speak to an attorney immediately if you have been charged with these crimes. Contact the experienced criminal defense attorneys at Abel Law Firm today to schedule an initial consultation to learn more about our experienced attorneys and our legal services.

Flower Mound Office

Phone: 972.584.7837

Denton Office