Robbery is a second-degree felony under Texas Penal Code § 29.02, carrying 2 to 20 years in prison. Aggravated robbery under § 29.03 is a first-degree felony with 5 to 99 years or life. If you’re facing robbery charges in Austin or Travis County, the Law Office of Jorge Vela can help. Our team is led by a former felony prosecutor who personally tried aggravated robbery cases. Call (512) 537-1237 for a free, confidential consultation, available 24/7; se habla español.
What Is Robbery Under Texas Law?
Texas Penal Code § 29.02 defines robbery as committing theft while intentionally, knowingly, or recklessly causing bodily injury to another person, or threatening or placing another person in fear of imminent bodily injury or death. Theft is the underlying offense, and robbery is what happens when force or the threat of force is involved.
The phrase “in the course of committing theft” includes the attempt, the act itself, and immediate flight afterward. The bar for bodily injury is low under Texas law: a scratch, a bruise, or any physical pain qualifies. The State must prove each of these elements beyond a reasonable doubt.
What Is the Difference Between Robbery and Theft in Texas?
Theft is the unlawful taking of property with intent to deprive the owner. It’s a property crime. Robbery adds a violent element: causing or threatening bodily injury during the theft. Adding force elevates the offense from what may be a misdemeanor or state jail felony into a second-degree felony., which is an Austin violent felonies defense matter.
Can You Be Charged with Robbery Without a Weapon?
Yes. Robbery under § 29.02 does not require a weapon. The charge applies any time force or the threat of force accompanies a theft. Pushing a store employee while fleeing with stolen merchandise, grabbing a purse from someone’s hands, or verbally threatening harm during a confrontation all qualify. A weapon elevates the charge to aggravated robbery.
Is Robbery a Felony in Texas?
Robbery is always a felony in Texas, classified as a second-degree felony. If any aggravating factor is present, the charge becomes a first-degree felony under § 29.03.
Why Trust the Law Office of Jorge Vela for Your Robbery Defense in Austin
Attorney Jorge Vela spent seven years as a prosecutor before founding his criminal defense practice in 2018. As a felony prosecutor in the 49th District Court in Laredo, Jorge personally tried aggravated robbery, aggravated kidnapping, murder, and solicitation of capital murder cases. Whether you need an armed robbery attorney or a defense lawyer for a standard robbery charge, Jorge has prosecuted these offenses firsthand. As an Assistant United States Attorney for the Southern District of Texas, he secured a life sentence at trial against the head of a drug trafficking organization.
That prosecutorial work took Jorge into crime scenes, crime laboratories, and medical examiners’ offices alongside ballistics and forensic experts. He knows how the State builds a robbery case because he spent years doing exactly that. Now he uses that knowledge to find the weaknesses in the prosecution’s file and build a defense around them.
The firm is intentionally small, so clients work directly with former federal and state prosecutor Jorge Vela or partner attorney Miguel Aguilera. Learn more about our full criminal defense practice in Austin.
Robbery vs. Aggravated Robbery in Texas
Robbery is a second-degree felony. Aggravated robbery is a first-degree felony, and the distinction between them turns on whether an aggravating factor was present. Aggravated robbery under Texas Penal Code § 29.03 applies when the robbery involves one or more aggravating factors. If you’re looking for an aggravated robbery attorney in Austin, the distinction between these two charges is the first thing your lawyer will evaluate. It’s commonly called armed robbery when a weapon is involved, though Texas law uses the term “aggravated robbery” regardless of whether the weapon is a firearm.
The defense strategy for robbery and aggravated robbery differs, and the approach your attorney takes depends on which charge the State is pursuing. Challenging the aggravating element (the weapon, the injury, or the victim classification) can reduce a first-degree felony to a second-degree felony, cutting the maximum exposure significantly. An aggravated assault lawyer in Austin handles similar elevation issues in assault cases.
What Makes a Robbery an Aggravated Robbery in Texas?
Three aggravating factors can elevate robbery to aggravated robbery under § 29.03. The defendant caused serious bodily injury, which means an injury that creates a substantial risk of death, permanent disfigurement, or protracted impairment. The defendant used or exhibited a deadly weapon. Or the victim was 65 or older or a disabled person. Only one of these factors needs to be present for the charge to apply.
What Counts as a Deadly Weapon in a Robbery Case?
Texas Penal Code § 1.07 defines a deadly weapon two ways. The first covers anything designed to inflict death or serious bodily injury, including firearms, knives, and similar weapons. The second covers any object that, based on how it was used, is capable of causing death or serious bodily injury. Courts have classified vehicles, bats, and bottles as deadly weapons in robbery cases.
What Is the Minimum Sentence for Aggravated Robbery in Texas?
The minimum sentence for aggravated robbery is 5 years in prison. Aggravated robbery is a first-degree felony with a range of 5 to 99 years or life and a fine of up to $10,000.
Penalties for Robbery and Aggravated Robbery in Texas
The penalties for robbery and aggravated robbery in Texas differ significantly based on whether an aggravating factor is present.
Charge | Felony Level | Prison Range | Maximum Fine |
Robbery (§ 29.02) | Second-degree felony | 2–20 years | $10,000 |
Aggravated Robbery (§ 29.03) | First-degree felony | 5–99 years or life | $10,000 |
Beyond prison and fines, a felony robbery conviction strips your right to possess firearms under both federal and Texas law. You lose the right to vote while incarcerated. A permanent felony record follows you into every employment application, housing search, and background check for the rest of your life. Aggravated robbery is also classified as a 3G offense under Texas law, carrying additional restrictions on probation and parole.
Aggravated Robbery Is a 3G Offense: What That Means for Your Case
Aggravated robbery is listed as a 3G offense under Texas Code of Criminal Procedure Article 42A.054. The 3G designation affects both probation eligibility and parole timing.
First, a judge cannot grant probation after a conviction. Only a jury, after trial, can recommend community supervision, and only for sentences of 10 years or less. Second, you must serve at least half of your prison sentence before becoming eligible for parole. For non-3G felonies, that threshold drops to one quarter, which is why challenging the aggravating element early can change the trajectory of your case. If the deadly weapon finding or the serious bodily injury allegation can be defeated, the charge drops to standard robbery. Standard robbery is not a 3G offense and carries far more flexibility at sentencing.
Defenses to Robbery Charges in Austin
Every robbery conviction requires the State to prove every element beyond a reasonable doubt. Each element is a point where the defense can attack. Effective defense strategies in Austin robbery cases include:
- Lack of intent: the taking was mistaken or accidental, with no intent to deprive
- Mistaken identity: flawed eyewitness identification, unreliable photo arrays, or contaminated lineup procedures
- Challenging the aggravating element to reduce the charge from aggravated robbery to standard robbery, or from robbery to theft
- Self-defense or defense of property
- Duress: the defendant acted under threat of imminent harm
- Alibi
- Constitutional violations: suppressing statements taken without Miranda warnings, evidence from an unlawful stop or search, or identifications obtained through improper procedures
Jorge reviews surveillance footage, body-worn camera recordings, and forensic evidence independently because he spent years on the prosecution side evaluating the same types of files. Weaknesses in the State’s file are easier to find when you’ve spent years building those same files.
How a Robbery Case Moves Through Travis County Courts
A Travis County robbery case follows a defined sequence from arrest through resolution:
- Arrest by the Austin Police Department or Travis County Sheriff’s Office
- Magistration and bond: bond on a first-degree aggravated robbery charge can be high, and aTravis County jail release attorney can file for a reduction
- Filing by the Travis County District Attorney’s Office
- Grand jury and indictment
- Arraignment and pre-trial settings in the felony district courts at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street
- Pre-trial motions, including motions to suppress evidence
- Plea negotiation or jury trial
Evidence can be challenged, witnesses interviewed, and motions filed before trial, but only if your attorney is involved from the start. The first 48 hours are the most important: do not speak to investigators, do not discuss the case on recorded jail calls, and do not consent to searches.
What a Robbery Charge Means If You Are Not a U.S. Citizen
A robbery or aggravated robbery conviction can qualify as an aggravated felony or a crime involving moral turpitude under federal immigration law. Either classification can trigger detention, denial of a green card, or removal from the United States. These consequences apply to lawful permanent residents and visa holders, not only undocumented individuals.
Because the Law Office of Jorge Vela practices both criminal immigration defense in Austin and criminal defense, our team evaluates immigration exposure from day one. If you are not a U.S. citizen, disclose your immigration status at your first meeting so your attorney can build a defense that protects both your freedom and your ability to remain in the country.
Robbery Defense in Spanish Across Austin and Central Texas
The Law Office of Jorge Vela handles robbery and aggravated robbery cases entirely in Spanish, from the first phone call through the court date. If you need a robbery lawyer in Austin who speaks your language, our firm can help. Jorge has deep roots in the Central Texas Latino community, and the firm has been bilingual since its founding.
Si usted o un ser querido enfrenta cargos de robo o robo agravado en Austin, llame al (512) 537-1237 para una consulta gratuita y confidencial. Estamos disponibles las 24 horas del día, los 7 días de la semana.
We serve Spanish-speaking clients across Austin, Travis County, Williamson County, Hays County, Bastrop County, Caldwell County, Burnet County, Georgetown, Pflugerville, and San Marcos.
Frequently Asked Questions About Robbery Charges in Austin
Can a robbery charge be reduced to theft in Texas?
It’s possible. If the State’s evidence of force or threat is weak, a robbery charge can be negotiated down to theft through a plea agreement. Removing the violence element drops the offense from a second-degree felony to a lower classification. The strength of the evidence determines whether the reduction is realistic.
Can you get probation for aggravated robbery in Texas?
Only a jury can recommend probation for aggravated robbery, and only for sentences of 10 years or less. A judge cannot grant it. Because aggravated robbery is a 3G offense, standard community supervision is not available after conviction. Standard robbery, however, is not a 3G offense, and probation options are broader.
Can you get bond on an aggravated robbery charge in Austin?
Yes. A defense attorney can file a bond reduction motion and argue for modified conditions. The sooner an attorney is involved after arrest, the stronger the argument for reasonable bond terms at the Blackwell-Thurman Criminal Justice Center.
Talk to Austin Robbery Defense Attorney Jorge Vela Today
A robbery or aggravated robbery charge in Austin can follow you for the rest of your life. Do not speak to police or investigators before calling a defense attorney.
The Law Office of Jorge Vela is four blocks from the Blackwell-Thurman Criminal Justice Center. Our office is at 818A W 10th St, Austin, TX 78701. Jorge knows how prosecutors build robbery cases, and he uses that knowledge to defend them.
Your consultation is free and confidential. We’re available 24/7. Se habla español.
Call (512) 537-1237 or schedule a consultation online
