Providing Strategic Personalized Defense in Harris County
Aggravated robbery under Texas Penal Code §29.03 is a first-degree felony carrying 5 to 99 years or life in prison and fines up to $10,000. It is one of the most serious non-homicide charges in Texas. The aggravation that elevates a robbery to this level is one of three things: causing serious bodily injury, using or exhibiting a deadly weapon, or committing the robbery against a person who is 65 or older or who is disabled. A conviction results in a permanent first-degree felony record with consequences that persist long after any sentence is served.
Each of the three aggravating factors that elevate a robbery charge to first-degree felony level is a separate legal question with its own evidentiary requirements. Serious bodily injury has a specific legal definition requiring substantial risk of death, permanent disfigurement, or protracted loss or impairment of a bodily member or organ. Not every injury, even a significant one, meets that threshold. A deadly weapon must be shown to have been used or exhibited during the robbery. And the victim’s age or disability status must have been known or reasonably apparent to the defendant at the time.
The difference between aggravated robbery and simple robbery is a sentencing range that starts at 5 years compared to 2 years. At the top end, it is the difference between 20 years and life in prison. When the aggravating factor is disputed, the stakes of that dispute are enormous. We evaluate every aggravating factor the state alleges and determine whether the evidence actually supports it under the applicable legal standard.
At David Smith Law Firm, every aggravated robbery case begins with a detailed review of the aggravating factor evidence. We understand how the state builds these enhanced charges and where the enhancement evidence most often falls short.
Texas law distinguishes between using a deadly weapon and exhibiting one during a robbery. Exhibition means displaying the weapon in a manner that places another in fear. The state must establish that a weapon was present and that it was actually used in a way that meets one of these standards. Whether a weapon was operable, whether it was actually displayed, and whether the circumstances support the state’s characterization of what happened with the weapon are all contested issues.
Meeting the Legal Threshold Not every injury sustained during a robbery constitutes serious bodily injury under Texas law. The statute requires substantial risk of death, permanent disfigurement, or protracted loss or impairment of a bodily member or organ. A broken bone that heals, a laceration that closes, or pain without lasting impairment may not satisfy this definition. We examine the medical evidence carefully and challenge the classification of injuries that do not meet the legal threshold.
When the alleged victim is 65 or older or is disabled, bodily injury rather than serious bodily injury is sufficient to support an aggravated robbery charge. The state must establish that the victim’s age or disability was known or reasonably apparent to the defendant. In cases where this fact was not apparent or was genuinely unknown, the aggravation element may be contestable.
When a firearm is used or exhibited during an aggravated robbery, Texas law requires a mandatory minimum sentence of five years that cannot be suspended. This mandatory minimum eliminates the court’s discretion to impose a lesser punishment. Challenging the weapon classification or the manner in which it was used is therefore particularly important in firearm-related aggravated robbery cases.
The deadly weapon finding in an aggravated robbery case carries consequences beyond the charge itself. A deadly weapon finding in a judgment affects parole eligibility, requiring a defendant to serve at least half of any sentence before becoming eligible for parole. That finding also affects the ability to later seek other forms of relief. Challenging whether a weapon was actually used or exhibited, whether it qualifies as a deadly weapon, and whether the evidence supports the finding is therefore one of the most important aspects of aggravated robbery defense.
Our firm examines the physical evidence regarding the weapon, the witness accounts of how and when it appeared, the surveillance footage frame by frame where relevant, and the legal standard applicable to the specific type of object alleged to be the weapon. In cases where the weapon evidence is unclear or inconsistent, we present that challenge clearly and effectively at every stage of the proceeding, from pretrial motions through trial.
