Robbery is a serious theft crime that involves the commission of a theft crime with the act of bodily injury or threat thereof. Chapter 29 of the Texas Penal Code is dedicated to robbery, and Texas Penal Code § 29.01 defines property as meaning tangible or intangible personal property including anything severed from the land, or a document, including money, that represents or embodies anything of value.
Robbery is a felony offense that carries steep criminal penalties for those who are convicted. Robbery convictions can carry enormous long-term consequences as well because they are considered to be crimes of moral turpitude that reflect a person’s character, and people convicted of these crimes will face significant struggles to obtain employment or housing.
Robbery / Aggravated Robbery Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
Were you arrested for an alleged robbery in Denton, Lewisville, Flower Mound, or a surrounding area of Denton County, Texas? Do not wait to get yourself legal representation. Contact The Law Offices of Richard C. McConathy as soon as possible.
Our firm will be able to conduct an independent investigation into your arrest and determine your strongest possible defense options against the criminal charges. We can review your case and discuss your case further when you call (940) 222-8004 or contact us online to take advantage of a free consultation.
Robbery / Aggravated Robbery Charges in Denton County
Under Texas Penal Code § 29.02, a person commits a robbery offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, they intentionally, knowingly, or recklessly cause bodily injury to another; or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Texas Penal Code § 31.03(a) establishes that a person commits a theft offense if they unlawfully appropriate property with intent to deprive the owner of the property.
Under Texas Penal Code § 31.03(b), appropriation of property is 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.
For purposes of Texas Penal Code § 31.03(b):
- evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent, and the issues of knowledge or intent are raised by the actor’s plea of not guilty;
- the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor’s knowledge or intent may be established by the uncorroborated testimony of the accomplice;
- an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:
- fails to record the name, address, and physical description or identification number of the seller or pledgor;
- fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or
- fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;
- for the purposes of Texas Penal Code § 31.03(3)(A), “identification number” means driver’s license number, military identification number, identification certificate, or another official number capable of identifying an individual;
- the stolen property does not lose its character as stolen when recovered by any law enforcement agency;
- an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or another form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:
- fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver’s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;
- fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or
- fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;
- an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:
- fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or
- fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt, and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;
- an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:
- fails to record the name, address, and physical description of the seller or pledgor;
- fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and
- fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and
- an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant’s consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b).
- It is not a defense to prosecution for theft that the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer; the alleged offender was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or the alleged offender was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense.
Robbery is a second-degree felony. Under Texas Penal Code § 29.03, a person commits aggravated robbery if they commit robbery as defined in Texas Penal Code § 29.02 and cause serious bodily injury to another; use or exhibit a deadly weapon; or cause bodily injury to another person or threaten or place 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.
Aggravated robbery is a first-degree felony. A “disabled person” is defined as an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.
Robbery / Aggravated Robbery Penalties in Texas
The offenses listed above are generally punishable as follows:
- Second-Degree Felony — Up to 20 years in prison and/or a fine up to $10,000
- First-Degree Felony — Up to 99 years or life in prison and/or a fine up to $10,000
It is important to keep in mind that a prosecutor has to prove beyond a reasonable doubt that an alleged offender intentionally, knowingly, or recklessly caused bodily injury to another or intentionally or knowingly threatened or placed another in fear of imminent bodily injury or death. Texas Penal Code § 6.03 defines culpable mental states 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.
Keep in mind that 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.
Denton County Robbery / Aggravated Robbery Resources
Crime Prevention | Collin County Sheriff’s Office | McKinney, TX — Visit this website to learn more about the Collin County crime prevention efforts. Find information on the Sheriff’s Community Oriented Policing and Education (SCOPE) unit. You can also learn more about establishing or joining a Neighborhood Watch program.
North Texas Crime Commission — Crime Stoppers relies on cooperation between the police, the media, and the general community to provide a flow of information about crime and criminals. Learn more about how Crime Stopper works, unsolved crimes, and wanted suspects. You can also submit a tip.
Find A Denton County Defense Attorney for Robbery / Aggravated Robbery Charges | Law Offices of Richard C. McConathy
If you were arrested for a robbery in Denton County, you cannot afford to wait when it comes to investing in your legal defense. The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed.
Our firm will be committed to helping you achieve the most favorable possible outcome in your case. Call (940) 222-8004 or contact us online to have us take the time to discuss everything with you during a free consultation.