McLennan County Robbery Defense Lawyer
Have you been accused of robbery in Waco? Thomas C. West is a board certified criminal defense lawyer and former McLennan County prosecutor. His experience as an assistant McLennan County District Attorney in robbery cases can help provide important strategy and spot weakness in the prosecution’s case. Call him at 254-753-6437 for a free 30 minute consultation.
Fighting Robbery Charges
In some states there is a felony charge for Armed Robbery; however, in Texas “Armed Robbery” is a kind of Aggravated Robbery. There are other aggravating factors that change a robbery charge to an aggravated robbery charge. In Texas a person commits the offense of robbery if, in the course of committing theft as defined by the statutes governing the offense of theft and with intent to obtain or maintain control of the property, the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Actual commission of theft is no longer a prerequisite of the offense of robbery. [Read More…] A person commits aggravated robbery if he or she commits robbery as defined by statute and 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. Tex. Penal Code § 29.03.
Possible Penalties for Aggravated Robbery
Aggravated robbery is a felony of the first degree. Which means, even if a person has no criminal history and they are convicted of aggravated robbery they are facing up to 99 years or life in prison and not less than 5 years in a Texas prison and as much as a $10,000 fine. Your ability to get any kind of probation if you are convicted of aggravated robbery is very limited. To discuss the possibility of getting probation on an aggravated robbery case you should speak with an experienced criminal defense attorney. According to Texas Code of Criminal Procedure 42.12 (3)(g) a judge cannot sentence a person to probation (community supervision) if the person is found guilty of aggravated robbery.
If a person meets other requirements, including having never been convicted of a felony, then a jury can assess probation (community supervision) for a conviction of aggravated robbery in some instances. This kind of charge is an extremely risky case to try before a jury. Do not go before a jury with an attorney that is not comfortable and skilled trying difficult cases. If you have been accused of robbery in McLennan County, you need to call an attorney experienced handling these charges. Robbery defense attorney Thomas West is a former prosecutor who used to bring robbery charges against Defendants. He is board-certified in Criminal Law, which is a distinction held by very few criminal defense attorneys. If you need an aggressive criminal defense attorney in Waco, call Thomas West at 254-753-6437.