Aggravated Robbery in Texas: Charge and Penalties Explained

Getting arrested for aggravated robbery in Texas is a life-altering event that carries some of the harshest penalties in the state’s legal system. Because this charge is classified as a first-degree felony, a conviction often results in decades of prison time and a permanent criminal record. If you or a loved one are facing these charges, understanding the law and your options for bail is the first step toward a defense.

What is Aggravated Robbery? (Texas Penal Code §29.03)

In Texas, robbery is generally defined as committing theft while intentionally causing bodily injury or threatening someone. Aggravated robbery takes this a step further by adding specific “aggravating” factors that increase the danger to the victim.

The Legal Definition and Elements of the Crime

To get a conviction, a prosecutor must prove that while you were committing theft, you:

Caused serious bodily injury to someone;
Used or exhibited a deadly weapon; or
Threatened a person who is 65 years or older or disabled.

Robbery vs. Aggravated Robbery: What Elevates the Charge?

A standard robbery is a second-degree felony. It becomes “aggravated” the moment a weapon is pulled, a vulnerable person is targeted, or the injuries sustained by the victim are severe. The difference is massive: you go from a maximum of 20 years in prison to a potential life sentence.

The “Deadly Weapon” Requirement: Does the Gun Have to Be Real?

One of the most common questions is whether a fake gun counts. Under Texas law, if the victim believed it was a deadly weapon, or if the object was used in a way that could cause death (like using a toy gun as a club), it can still trigger an aggravated charge.

Understanding “Serious Bodily Injury” Under Texas Law

“Serious” bodily injury isn’t just a bruise or a small cut. It refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the long-term loss of an organ or limb.

Comparing Theft, Burglary, and Robbery in Texas

People often use these terms interchangeably, but they are very different in the eyes of a judge:

Theft: Taking property without permission (no violence).
Burglary: Breaking into a building or home with the intent to commit a crime (no person needs to be present).
Robbery: Taking property directly from a person using force or fear.

Aggravated robbery is essentially Theft + Assault + a Deadly Weapon. Because it involves a direct threat to human life, it is treated as a violent crime rather than a simple property crime.

Penalties for Aggravated Robbery in Texas

First-Degree Felony Classification and Sentencing Range

As a first-degree felony, the stakes couldn’t be higher. If convicted, you face:

5 to 99 years (or life) in a Texas state prison.
A fine of up to $10,000.

How a Prior Criminal Record Enhances Your Sentence

If you have previous felony convictions, the “minimum” sentence can jump significantly. Under the “Habitual Offender” statutes, a person with two prior felony sequences could face a minimum of 25 years.

Fines, Restitution, and Court Costs

Beyond prison, the court often orders restitution. This means you must pay the victim back for the stolen property and any medical bills resulting from the crime.

The “3g” Offense Trap: Parole and Probation Limits

Aggravated robbery falls under a special list of crimes formerly known as “3g” offenses (now found in Article 42A.054). This designation changes everything regarding your freedom.

What Does a “3g” Designation Mean?

It means the state views the crime as so violent that “good behavior” credits do not count toward your parole eligibility in the same way they do for non-violent crimes.

Mandatory Minimums: The 50% Rule

For most crimes, you might be eligible for parole after serving 25% of your time. For aggravated robbery, you must serve at least 50% of your sentence (or 30 years, whichever is less) before you are even eligible to apply for parole.

Judge-Ordered vs. Jury-Recommended Probation

A judge cannot give you “straight probation” for aggravated robbery. Only a jury can recommend probation, and only if the total sentence is 10 years or less and you have no prior felony convictions.

Aggravated Robbery and Juveniles

When a teenager is arrested for a crime this serious, the “Juvenile System” may not be enough for the state.

Can a Minor Be Charged as an Adult?

Yes. In Texas, a child as young as 14 years old can be “certified” to stand trial as an adult for a first-degree felony like aggravated robbery.

The Certification Process

A judge will look at the child’s maturity, their criminal history, and whether the public can be protected if the child stays in the juvenile system. If certified, the teen faces the same 5-to-99-year prison range as an adult.

Collateral Consequences: Life After a Conviction

The punishment doesn’t end when you leave prison. A conviction for a violent felony like this creates a “permanent” shadow.

Professional Licenses: You will likely lose (or be barred from getting) licenses for nursing, teaching, or even a CDL.
Immigration Status: For non-citizens, aggravated robbery is considered an “aggravated felony” under federal law, which almost always leads to mandatory deportation and a permanent ban from the U.S.
Loss of Rights: You lose the right to vote and the right to ever legally own a firearm in Texas.

The Role of Co-Defendants and the “Law of Parties”

You don’t have to be the one holding the gun to be charged with aggravated robbery. Under the Texas Law of Parties, if you acted as a lookout, drove the getaway car, or helped plan the crime, you are just as guilty as the person who walked into the building. If you “aided or encouraged” the crime, the law treats you as a primary actor.

Legal Defenses Against Aggravated Robbery Charges

A charge is not a conviction. Skilled attorneys often use the following strategies:

Misidentification: In high-stress robberies, witnesses often make mistakes. Challenging the police lineup is a common defense.
Lack of Intent: If there was no intent to steal (perhaps a dispute over ownership), the robbery charge may fail.
Duress: Proving you were forced to participate under threat of death or serious injury.
Challenging the Weapon: If the “weapon” used was not actually capable of causing death, the charge might be reduced to simple robbery.

Immediate Steps to Take After an Arrest

If you are arrested, what you do in the first 24 hours determines the rest of your life.

Remain Silent: Do not explain your side to the police. They are looking for evidence to use against you.
Request a Lawyer: Stop all questioning until you have an advocate.
Secure Your Release: You cannot build a defense from a jail cell.

This is where Lipstick Bail Bonds comes in. Aggravated robbery carries high bail amounts because of its violent nature. We specialize in helping families navigate the Houston and larger Texas jail systems to get their loved ones home quickly so they can focus on their legal defense.

Facing Charges? Contact Lipstick Bail Bonds Today

When the state of Texas labels you a “violent offender,” you need a team that will treat you with respect and urgency. You cannot fight a first-degree felony while sitting behind bars.

At Lipstick Bail Bonds, we provide fast, professional, and empathetic service to help you secure your freedom and prepare for your day in court. Don’t let a “3g” charge keep you from your family.

Call Lipstick Bail Bonds now at (local number) or visit lipstickbailbondstexas.com to start the bonding process immediately.

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