The crime of robbery is essentially a theft offense in which the alleged offender causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death. Unlike simple theft offenses, robbery is a crime of violence that is aggressively prosecuted in Texas.
Robbery is a felony offense, and certain factors may lead to enhanced charges that carry even longer prison sentences and bigger fines. It is important to understand that a prosecutor pursing these charges must prove every element beyond a reasonable doubt, including the mental state of the alleged offender—an always significant challenge.
Lawyer for Robbery Arrests in Houston, TX
Were you arrested or do you think that you could be under investigation for an alleged robbery in southeast Texas? You should refuse to say anything to authorities until you have first contacted Horak Law.
Houston criminal defense attorney Matt Horak defends clients accused of violent offenses in communities throughout Waller County, Brazoria County, Fort Bend County, Galveston County, Harris County, Liberty County, and Montgomery County. Call our firm at (713) 225-8000 or toll-free at (800) 225-8009 to have our lawyer provide an honest and thorough evaluation of your case during a initial consultation.
Overview of Robbery Crimes in Harris County
- What are the consequences of being convicted of robbery?
- When can a person be charged with aggravated robbery?
- Where can I learn more about robbery in Houston?
Texas Penal Code § 31.03 establishes that a person commits the crime of theft if he or she unlawfully appropriates property with intent to deprive the owner of property. Appropriation of property is considered unlawful if it is without the owner's effective consent; the property is stolen and the actor appropriates the property knowing it was stolen by another; or property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Under Texas Penal Code § 29.02, an alleged offender commits robbery if he or she commits the offense of theft and with intent to obtain or maintain control of the property, he or she:
- intentionally, knowingly, or recklessly causes bodily injury to another; or
- intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Robbery is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000. It is important to keep in mind how Texas defines culpable mental states as they relate to these crimes. Under Chapter 6 of the Texas Penal Code, culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
- A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result;
- A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result;
- A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint;
- A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
An alleged offender can be charged with aggravated robbery under Texas Penal Code § 29.03 if he or she commits the offense of robbery and he or she:
- causes serious bodily injury to another;
- uses or exhibits a deadly weapon; or
- 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 65 years of age or older or a disabled person (defined as "an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm").
Aggravated robbery is a first-degree felony punishable by life or up to 99 years or in prison and/or a fine of up to $10,000.
Keep Houston Safe | City of Houston — Keep Houston Safe is a citywide public safety campaign with the goal to prevent crime. Visit this section of the City's website to access crime prevention materials, learn more about domestic violence, and find community programs. You can also find information about commercial crime prevention.
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CrimeReports | Houston, TX — Data on CrimeReports is sent on an hourly, daily, or weekly basis from more than 1,000 participating agencies to the CrimeReports map. You can use this website to filter incidents by type (including robbery, theft, and property crime), time range, and date range. You can also specify days of the week and time ranges, and incidents go back as far as six months.
Horak Law | Houston Robbery Defense Attorney
If you think that you might be under investigation or you were already arrested in southeast Texas for an alleged robbery, it is in your best interest to say absolutely nothing to authorities until you have legal counsel. Horak Law represents individuals all over the greater Harris County area, including The Woodlands, Conroe, Galveston, Houston, League City, Missouri City, Pasadena, Pearland, Richmond-Rosenberg, Spring, Sugar Land, and many others.
Matt Horak is an experienced criminal defense lawyer in Houston who will fight to help you achieve the most favorable resolution to your case that carries the fewest possible penalties. You can have our attorney review your case and discuss all of your legal options when you call our firm at (713) 225-8000 or toll-free at (800) 225-8009 today or complete an online contact form to schedule a confidential consultation.