This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Being charged with aggravated robbery in Austin can be overwhelming. This serious criminal charge involves the use of force or threats to take property, often with the involvement of a deadly weapon. If you're facing this type of charge, it’s important to have strong legal representation.
LaVine Law Firm helps individuals facing aggravated robbery charges by offering expert criminal defense and legal representation. We can help you understand your options and fight for the best possible outcome in your case.
Aggravated robbery is a violent felony that carries severe consequences. The legal process can be complex, so having an experienced criminal defense attorney by your side is crucial. Our team is here to protect your rights and ensure you are treated fairly throughout the legal process.
In Texas, aggravated robbery occurs when someone commits robbery with a deadly weapon or causes bodily injury to another person during the crime. This offense is considered much more serious than simple robbery and carries harsher penalties.
Understanding the specifics of aggravated robbery is important if you are accused of this crime.
Aggravated robbery is considered a first-degree felony in Texas, and it carries severe penalties. The potential consequences for being convicted are very serious and can change based on several factors, including the use of a deadly weapon or whether there was bodily injury.
If you are facing aggravated robbery charges, there are several possible defenses that could help reduce the severity of your case.
A few of the most common defenses used in such cases include:
In an aggravated robbery case, the prosecution must prove that you intended to commit the crime. If you didn’t mean to steal or hurt anyone, you can argue that there was no intent. For example, if you accidentally took something without realizing it or had no plan to use force, this could be a valid defense.
Proving a lack of intent can help show that you should not be charged with aggravated robbery.
Sometimes, people are wrongly identified as the person who committed the crime. If you were not at the scene of the robbery or if there was confusion about who did it, you can argue mistaken identity.
This means that the police or witnesses may have wrongly identified you as the criminal, and your lawyer can work to show that you were not the person involved.
If the prosecution cannot prove that you committed the crime beyond a reasonable doubt, your lawyer can argue that there is a lack of evidence. This means there is not enough physical proof, like fingerprints, DNA, or surveillance footage, to show that you were involved in the robbery.
If the evidence doesn’t link you to the crime, it may be possible to have the charges dismissed.
If you were acting in self-defense or to protect someone else during the robbery, this can be used as a defense. For example, if someone tried to hurt you or a loved one, and you used force to protect yourself, your actions may not be considered robbery.
Self-defense laws allow you to use force in certain situations, and this defense can help prove that you were justified in your actions.
An alibi defense is when you provide evidence showing that you were somewhere else when the robbery happened. This can include witness statements, receipts, or video footage proving that you weren’t at the scene.
If you have an alibi, it can make it difficult for the prosecution to prove that you committed the crime, and this defense can help you avoid a conviction.
A seasoned Austin criminal defense lawyer can make a significant difference in the outcome of your case. Here’s how a skilled lawyer can help:
When you are facing aggravated robbery charges, your lawyer will start by performing a case evaluation. This means they will carefully review all the details of your case, including police reports, witness statements, and evidence. The goal is to understand what happened and how strong the prosecution’s case is against you.
By doing this, your lawyer can create a defense strategy that gives you the best chance in court.
A reliable criminal defense attorney will also investigate the crime thoroughly. This may include gathering evidence, speaking to witnesses, and reviewing any available surveillance footage or police reports. The more information your lawyer can collect, the better they can challenge the prosecution's case.
If there are any weaknesses or inconsistencies in the evidence, your lawyer will use them to help your defense.
In many cases, your lawyer may work with the prosecutor to negotiate a plea deal. This is an agreement where you may agree to plead guilty to a lesser charge in exchange for a reduced sentence.
Your attorney will use their knowledge of the law and experience to help you get the best possible outcome. A plea deal can sometimes avoid a long trial and provide a faster resolution to your case.
If your case goes to trial, your criminal defense lawyer will represent you in court. They will argue your defense in front of a judge and jury, challenging the prosecution’s evidence and presenting your side of the story. The lawyer will cross-examine witnesses, present evidence, and ensure that your rights are protected throughout the trial process.
Court representation is critical in fighting aggravated robbery charges and ensuring that you have a fair trial.
Aggravated robbery is a serious crime with severe penalties in Texas. It is important to understand how it compares to other types of robbery charges, such as simple robbery, burglary, and theft.
Knowing the differences can help you better understand the charges you may be facing and the possible defenses available.
| Feature | Simple Robbery | Aggravated Robbery |
|---|---|---|
| Use of Deadly Weapon | No | Yes |
| Bodily Injury | No | Yes |
| Penalty | Second-degree felony | First-degree felony |
| Potential Prison Sentence | 2 to 20 years | 5 to 99 years |
| Financial Penalty | Up to $10,000 fine | Up to $10,000 fine |
In simple robbery, the use of force is involved, but there is no deadly weapon or bodily injury. Aggravated robbery, on the other hand, includes these elements, making it a much more serious crime with harsher penalties.
Aggravated robbery is classified as a first-degree felony, while simple robbery is considered a second-degree felony, resulting in a longer prison sentence.
Burglary involves unlawfully entering a building or structure to commit a crime, typically theft. However, burglary does not always require the use of force or violence. The key difference is that burglary is about unlawfully entering a property to steal or commit another crime. Aggravated robbery, on the other hand, involves force or threats of force, often with a deadly weapon.
Theft, meanwhile, is the unlawful taking of property without force or threats. In aggravated robbery, the key element is the use of force or the threat of harm to steal. Unlike theft, aggravated robbery includes not just taking someone’s property but also bodily injury or the use of a deadly weapon, making it a much more serious crime.
Facing aggravated robbery charges can be overwhelming, but understanding the process can help you feel more prepared. The defense process typically involves several key steps that ensure your rights are protected and your case is handled properly.
The outcome of an aggravated robbery case can vary depending on several factors, including the strength of the evidence, the defense presented, and the prosecution’s willingness to negotiate.
Here are some possible outcomes:
Home robbery typically involves breaking into someone’s home to steal property, while aggravated robbery involves using force, threats, or a deadly weapon during the crime. Aggravated robbery often leads to more serious criminal charges and harsher penalties.
Yes, if you are facing drug charges alongside aggravated robbery, it can complicate your case. Drug trafficking organizations or drug conspiracy crimes can lead to additional federal charges and a longer sentence if convicted.
Federal crimes, such as wire fraud or aggravated assault, can result in severe penalties. If convicted, you may face long prison sentences, fines, and additional charges, especially if the crime involved stolen property or other illegal activities.
Aggravated trafficking and aggravated kidnapping are different crimes that carry their own set of penalties. Aggravated trafficking involves drug trafficking crimes, while aggravated kidnapping involves illegally holding someone against their will. Both are serious charges that carry longer sentences than simple robbery.
Yes, if you are facing illegal re-entry charges in addition to aggravated robbery, it could complicate your legal situation. An illegal re-entry charge often leads to federal criminal charges, which may increase the penalties you face for robbery and other related crimes.
If you’re facing aggravated robbery charges in Austin, LaVine Law Firm is here to help. Our experienced criminal defense attorneys understand the complexities of robbery charges and are dedicated to providing the best possible defense. We offer a free case evaluation where we’ll review your situation and explain your legal options.
Whether you're dealing with aggravated assault, stolen property, or other serious charges, we’ll work tirelessly to build a strong defense strategy for you. With our expertise and personalized approach, we aim to secure the best outcome for your case.
Contact us today to schedule your free consultation and get the professional help you need.
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