Robbery / Aggravated Robbery
Dallas robbery offenses are most generally defined as taking another person’s property against their will while using physical force or threatening to use physical force. Robbery and aggravated robbery offense can result in serious punishments, including prison time, steep fines, a possibly permanent criminal record, and/or an inability to pursue certain professional or educational opportunities.
An arrest for robbery or aggravated robbery does not necessarily have to result in a conviction. The state prosecutor is required to prove you committed every element to the alleged criminal offense beyond a reasonable doubt. This is a very difficult burden to meet, and any doubt in the mind of the judge or jury can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense attorney in Dallas to assist you in creating your best legal strategy.
Dallas Robbery Attorney
If you have been charged with robbery or aggravated robbery in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact The Law Offices of Richard C. McConathy.
Richard McConathy is a knowledgeable in all areas of Texas’ theft laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call The Law Offices of Richard C. McConathy at (972) 233-5700 about your robbery or aggravated robbery allegations.
Robbery in Dallas
According to Tex. Penal Code § 29.02, an individual can be charged with robbery if, while committing another theft offense, and with the intent to keep or take control of the property, they:
- Intentionally, knowingly or recklessly cause bodily injury to another person; or
- Intentionally or knowingly threaten or place another person in fear of immediate bodily injury or death.
Property is defined under Texas law as:
- Any tangible or intangible personal property, including anything that grows from the land, but can be removed; or
- Any document that represents or embodies anything of value, including money.
Texas law defines theft offenses as a variety of crimes, including theft by false pretext, embezzlement, shoplifting, retail theft, theft from a person, conversion by a bailee, extortion, swindling, larceny, receiving or concealing stolen property, acquisition of property by theft, carjacking, auto theft and unauthorized use of a vehicle.
Robbery Mental States in Dallas
The prosecutor must prove an individual has a certain mental state in order to convict the defendant of a robbery offense. This means the individual must have acted intentionally, knowingly, or recklessly when they allegedly committed the criminal offense. Since these mental states are unique to every person, it is generally more difficult for the prosecutor to prove the mental state the alleged offender had during the commission of the offense. According to Tex. Penal Code § 6.03, the most common robbery mental states are defined as:
- Intentionally – An individual commits an offense intentionally if they engage in some type of conduct, and it is in their desire or conscious objective to engage in the conduct, or to cause the result.
- Knowingly – An individual commits an offense knowingly if they engage in some type of conduct, and they are aware their conduct is reasonably certain to cause the result of the conduct.
- Recklessly – An individual acts recklessly if they commit some act, and they are aware the conduct can cause the result, but consciously disregard the possibility the result will occur.
Dallas Aggravated Robbery
According to Tex. Penal Code § 29.03, an individual can be charged with aggravated robbery if they commit a robbery offense and:
- Cause serious bodily injury to the alleged victim,
- Causes bodily injury to another persons, threatens bodily injury, or causes the other person to fear immediate bodily injury or death, and the person is elderly or disabled; or
- Uses a deadly weapon during the commission of the offense.
Texas law defines an elderly person as anyone who is 65 years old or older, and a disabled person is defined as an individual with mental, physical or developmental disabilities who is basically unable to protect against harm.
Under section 1.07(a)(8) of the Texas Penal Code, bodily injury is defined as any physical impairment, illness or pain to any body part or organ.
According to Tex. Penal Code § 1.07(a)(46), serious bodily injury is defined as any bodily injury that creates a substantial risk of death, or an injury that causes death, serious permanent disfigurement, or impairment of any body organ or extended loss of any organ.
Robbery and Aggravated Robbery Penalties in Dallas
The penalties for Dallas robbery and aggravated robbery offenses are defined in Chapter 12 of the Texas Penal Code. A conviction for a robbery or aggravated robbery offense can generally result in a felony offense.
Criminal charges for a robbery offense can result in felony of the second degree conviction, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
Criminal charges for an aggravated robbery offense can result in felony of the first degree conviction, which is punishable by a prison sentence ranging from five years to 99 years or life imprisonment and/or a fine up to $10,000.
The Law Offices of Richard C. McConathy | Fort Worth Aggravated Robbery Attorney
Contact The Law Offices of Richard C. McConathy today for a consultation about your robbery or aggravated robbery charges in Dallas County in Texas. Richard McConathy is a knowledgeable Dallas criminal defense attorney who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your alleged robbery offense.
Contact The Law Offices of Richard C. McConathy at (972) 233-5700 for a free consultation about your alleged robbery or aggravated robbery offense throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.